Ok so when we contacted our atty about the car accident and having to pay out the $500 deductable we had to reduce what we paid to the trustee that month because of it. Well we paid $1200 instead of the full $1660. No biggie (I hope) because the attys office told us to do so since we havent had the time to build up a savings). Well Tuesday the attys office called and said its a "no go" on reducing our payments instead they were going UP! UHHHH WHAT? The email stated :
Good afternoon! I just wanted to relay the response to our inquiry of whether or not your Ch. 13 plan payments could be reduced based upon the loss of income. This is what I received:
>>> After reviewing their case, the conduit and arrears claim was filed
>>> higher
>>> than scheduled. We have $10KNE which currently requires approx 25% to
>>> the
>>> unsecured claim. I am showing we need a payment increase. No
>>> reduction
>>> is possible.
You will likely receive a Motion to Modify or Dismiss the case in which the plan payments will increase at that time (and you guys will have to amend the budget showing that you can afford the increase) or they will dismiss the case for the inability to make the monthly payment. That motion can come anytime between now or after the bar date passes (in your case 2/19/2013).
Heres the thing: BOA could never get our statements right (i have proof of how much they changed on a monthly basis). So when we filed that is what our statements were at. There claim only showed a whopping 2k difference in the arrears and $60 in monthly payment. No where near the $10k that the trustees office is coming up with. The ONLY thing that I can come up with is the amount that Santander claimed for my surrendered vehicle was $10k more than what the statement said and no one can figure out how in the the good lords name they came up with that number. They will be lucky to get $8k at auction!
Nothing else other than when a few medical claims came in I am not sure where they got those amounts from and how they found out we filed bankruptcy seeing as how I had never been to that facility before the bankruptcy was filed.
So yes now I am facing this lovely hurdle. On a better note we do get to keep our tax return and thats an extra $2k we get to put into savings for emergencies.
Good afternoon! I just wanted to relay the response to our inquiry of whether or not your Ch. 13 plan payments could be reduced based upon the loss of income. This is what I received:
>>> After reviewing their case, the conduit and arrears claim was filed
>>> higher
>>> than scheduled. We have $10KNE which currently requires approx 25% to
>>> the
>>> unsecured claim. I am showing we need a payment increase. No
>>> reduction
>>> is possible.
You will likely receive a Motion to Modify or Dismiss the case in which the plan payments will increase at that time (and you guys will have to amend the budget showing that you can afford the increase) or they will dismiss the case for the inability to make the monthly payment. That motion can come anytime between now or after the bar date passes (in your case 2/19/2013).
Heres the thing: BOA could never get our statements right (i have proof of how much they changed on a monthly basis). So when we filed that is what our statements were at. There claim only showed a whopping 2k difference in the arrears and $60 in monthly payment. No where near the $10k that the trustees office is coming up with. The ONLY thing that I can come up with is the amount that Santander claimed for my surrendered vehicle was $10k more than what the statement said and no one can figure out how in the the good lords name they came up with that number. They will be lucky to get $8k at auction!
Nothing else other than when a few medical claims came in I am not sure where they got those amounts from and how they found out we filed bankruptcy seeing as how I had never been to that facility before the bankruptcy was filed.
So yes now I am facing this lovely hurdle. On a better note we do get to keep our tax return and thats an extra $2k we get to put into savings for emergencies.
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