dosen't the trustee do that?

[doglover]

I have yet another question........ My attny told me that he will find out how much my Ch. 13 payment will be about a week before we actually file. How is that possible? Doosen't the trustee say how much I'll pay back? How can we get an exact dollar amount when we haven't even filed yet?

[lrprn]

I have yet another question........ My attny told me that he will find out how much my Ch. 13 payment will be about a week before we actually file. How is that possible? Doosen't the trustee say how much I'll pay back? How can we get an exact dollar amount when we haven't even filed yet?

The amount of your Ch 13 payment comes from your completed Means Test and Schedules that your lawyer is going to file with the court. Just where the payment amount is created (from the Means Test itself or from Schedule I vs J) is a hotly contested area of the current bankruptcy law.

The proposed payment filed with your case is what you pay until your case is confirmed during your Ch 13 confirmation hearing which happens a month or two after your 341 meeting. The big majority of Ch 13 cases are confirmed by the trustee for the original payment amount proposed by your lawyer.

[KellyBerg]

Hi, I was wondering that as well. My attorney said that my payment is confirmed at my 341. Which is correct?

[Boscoe]

Kelly - those 2 events can be the same day, but I will let lrprn confirm this, since I did not file a ch 13.

[lrprn]

Hi, I was wondering that as well. My attorney said that my payment is confirmed at my 341. Which is correct?

Technically your Ch 13 payment is officially confirmed at your confirmation hearing which usually follows about a month after your 341 meeting. Debtors don't attend this meeting - only your lawyer - so you won't hear nearly as much about these hearings as you will about your 341 meeting.

Most experienced Ch 13 lawyers have a very good idea whether you are going to have trouble with the trustee, creditors, or both around your plan even before your 341 meeting. These lawyers are very familiar with what will fly and what may cause a problem because of long experience filing cases with your bankruptcy court and inside your district.

Also Ch 13 lawyers are in frequent contact with the Ch 13 trustee in their court area - it's quite an "old boy" network - so there are many discussions between your trustee and your lawyer surrounding potential issues long before the confirmation hearing happens to resolve differences of opinion without having to go to the judge for a ruling.

Frankly you'll see more problem Ch 13s discussed here in the forum because folks come here to understand the issues causing objections to their plan better. However overall when looking at all Ch 13s, very few Ch 13s get objections from the filer's trustee or creditors. Most plans with their monthly payments have smooth sailing from 341 to confirmation hearing. Chances are very good you'll be one of these, so don't worry!

Hope this helps explain things better!

[qwertysue]

At our 341 meeting we brought our cashier's check, made in the amount of what came out from I and J.

The trustee ran the numbers and bumped up our payment slightly, it was a small math adjustment in regards to the cram down of our car. He looked at us and said if we agree to the new amount, he has no other issues or objections. We thought for a moment and agreed. Our plan will be confirmed next Tuesday (one month after our 341).