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Don't want to piss off trustee....

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    Don't want to piss off trustee....

    OK so I have been on here a bit regarding our paymnet increase due to income increase. I finally spoke with my atty assistant and she said we will have to redo a budget and show our income with paystubs and so on. We are on our 3rd year of payments and yes my husbands income has increased, but our costs have gone up as well, they are asking for a payment of 1100 to 2100!!! Big jump. I am worried that the trustee is going to get pissed that we are requesting a redo budget and still keep the payment at 2100 or even dismiss us totally. I have been on time every month with every payment and with tax refunds too. This trustee seems easy to piss off and is very strict. I'm in west michigan area.
    If we just say OK to this payment without contesting it we maynot be able to make it every month and that would get us behind.

    Also my mother in law has agreed to loan us money for anew vehicle. Our old one was dying. (but paid off) but we will need to pay her as well, can this be addded to the new budget. Or does there need to be a different route to show this. I am a nervous wreck! Are we just asking to be in trouble with the trustee by doing this? Its our right counter it right?

    #2
    It is your right to contest increases and to redo your budget to show the increase in expenses that goes along with the increase in income. Your trustee can recommend or fail to recommend your request, but you then also have the right to take it to the Judge, who is the only one that can make the increase or decrease binding, so even if the trustee doesn't like it, you can fight his recommendation to the Judge, so definitely don't roll over and agree to an increase that is going to make you get behind on your payments.
    Filed CH 13 September 17, 2007
    Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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      #3
      You need to get trustee and/or court approval to borrow money from your mother to buy the car. If the loan is approved, it will be included in your budget.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #4
        Question to ask lawyer is what will your MIL have to do in order to have her loan to you taken into account (I.e., its not just you saying MIL loaned you the money vs. a gift) so that you can claim expenses. If you financed it directly through a lender / car dealership, then the trustee would have no issue as they hold title to the car clearly; family is a whole different ball game so MIL may have to file papers.

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