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Life after ch 13 dismissal

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    #1

    Life after ch 13 dismissal

    Has anyone out there ever been dismissed from a ch 13,either voluntarily or non voluntarily and then gone on to either settle remaining debts or convert to a ch 7. I`ve been in a 13 for 20 months and the trustee increased our payback from 75% to 80%. Now he wants a 200 a month increase in payback per month. I`m just getting so tired of it all. I make 140k a year due to much overtime, but once all deductions are taken out and house payments 1st and 2nd as well as car payment is made there is not much left. I can`t stop working the overtime cause my monthly payback is already based on it.HELP!!!!!
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    #2
    I was not aware that a trustee can just up and change payment amounts within the payback period. The monthly amount you pay is a Court Order, not a trustee order. It can only change by order of the Court.
    Your trustee must have discovered an anomaly in the filing or your income has greatly increased since confirmation. Any increase must still be by Court order.

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      #3
      Yes the trustee has not increased it yet, but has sent the summons saying his intentions of asking the court for the increase. Our lawyer is going to court to fight it, and if she is unsuccessful, I`m debating my options. Thts why I am looking for someone who has had a similar experience.

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        #4
        If converting to a 7 is realistic, why did you file a 13 in the first place?

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          #5
          At your income level, it seems that you'd have a very hard time of converting to a 7 unless it nets your creditors profits (say if you gave up assets that got them more $ than your 60 months of payments would give them.)

          If you dismissed the 13, I'm guessing you plan to reduce the overtime to get down to Ch 7 level or the negotiation route. Don't know much about how willing creditors will be to negotiate after a ch 13, but do know they can add back in all the back-interest and late fees that were suspended while under the protection of your CH 13. Wishing you the best of luck either way.
          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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            #6
            I had alot of overtime in some of my previous checks before too. I know my lawyer said that no trustee can make you work overtime.

            I think you should maybe reevaluate how much the overtime means to you and revise your plan with your trustee in court to reflect your checks that now do NOT have overtime in them.

            You've come so far to dismiss it now. Can you afford the extra 200 a month and don't want to pay more or would it cause a sever hardship? (just asking because if you can really afford it maybe you should just pay it if it comes down to it)

            GL

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              #7
              Kimba, thanks for responding. I kinda worked myself into a situation like a catch 22. My plan started at 6 mos where I workeminimum overtime and was given a 75% payback. Once confirmed I worked more ot to make ends meet due to the constraints of what the trustee expects you to payback. Very unrealistic. Beleive me we fudged everything. Due to the ot at the end of the year I received a 8k refund, which I had to send to the trustee. On top of that, I guess he figured we could payback 80% and then came back a month later wanting 60.00 more a week. I can`t stop the ot now to make ends meet, yet thats what caused the new problem in the first place. rusteeI`ve just sent my lawyer a new yearly income and expense report that she will try to convince the trustee to not increase the monthly with.You would think at a 80% payback and the trustee has already ade 1300 at3% from me, he would cut me some slack, but I guess thats asking too much!!! W`ell see what happens within a couple of weeks. Thanks for your input.

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                #8
                What happens if your income is not enough to sustain the 75% payback? Wouldn't it have to go down to support your basic needs and bills? I'm all for a payback for some sort if you can afford it BUT you shouldn't have to break your back to do so. It should be a payback that is comfortable to afford with a little give for rising prices IMHO.

                I don't see how having to work OT for 5 years is good for your overall well being. If you choose to work OT because you want to that's one tjing but not because you have to KWIM. It shouldn't be ebcause you need to put food on your table. I would definitely see what your lawyer can do, GL

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