trustee objection to MOMOD

[mrdav]

My car that was included in my chapter 13 died and despite putting about $1,000 into I needed to get a new as the old one had too much damage. Worked with my lawyer to successfully win a motion to incur New debt. Got old car repossessed and worked with my lawyer to file a MOMOD. Just got a note from my lawyer that the trustee has filed an objection. Premise is that the new monthly payment is too low at .25%, down from .68%. She also wants me to verify income for 3 months. Lawyer sent the note just before leaving for the holiday weekend without comment. Trustee also objecting to suspended payments to recoup extraordinary car expense. Says the line item for auto expenses in my plan should more than adequate to cover the cost which makes no sense to me as my plan is just enough to get by...not save.

Anyone here had a similar situation? Part of me really wants to just accept it but adding the extra $230 car payment is going to be tough. Things are very tight as it is.

[justbroke]

Your attorney should be able to deal with the Trustee. Trustees are there to question and not everything the Trustee says is gospel. Any Motion to Modify Confirmed Plan would need to be approved by the judge. Your attorney can, of course, fight any Trustee objection to that modification.

If you have a "new" vehicle and the term of the loan extends beyond the plan, then that payment should probably be paid outside the plan! The Trustee is objecting because they probably don't get their little piece of the commission (10%) for paying the car "inside" the plan.

If your lawyer is doing this without too much expense to you, please let your attorney fight with the Trustee. I don't like aggressive Trustees. It seems like little money to me (if your new payment is $230).

[dmc-2008]

What part of Cal u in? Your trustee sounds tough!