How to file a motion to modify a chapter 13? 11 Answers as of July 05, 2011

the trustee based the amount on all the overtime my husband was working, now his hours are back to 40 hours but the trustee said we have to give him 3 to 4 paycheck stubs before they will give a lower payment. We have no way to pay are mortgage for the next 2 months- Is there any legal action we can take if he is not willing to negotiate?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to file a motion to modify the plan payment based on the change in circumstance. The trustee can not "negotiate" with you. It requires a court order. Get your lawyer to do it. Expect him or her to file a supplemental fee application.
Answer Applies to: California
Replied: 7/5/2011
Koch Laron Law
Koch Laron Law | Phillip Koch
Yes there is. You need to immediately file a motion to modify the Chapter 13 plan based on change in income. Remember, it is the judge, not the trustee who makes the ultimate decision. The trustee can object but it is the judge who will decide. You will need to prove to the judge this change in financial circumstance - e.g. a letter/notification from your husbands employer attached to a declaration. If you have an attorney who filed the 13 you should consult with him/her. If not, you should definitely contact a BK attorney. My firm would be happy to provide a consult for free.
Answer Applies to: California
Replied: 7/1/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
In order to change your payment for your Chapter 13 plan you will need to file an Amended Chapter 13 Plan and obtain a hearing date. You will also need to file amended Schedule I and possibly a new Means Test to support the new Plan.
Answer Applies to: New Hampshire
Replied: 7/1/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Back to court and refuse to pay meanwhile due to inability.
Answer Applies to: California
Replied: 7/1/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Your lawyer should be able to handle it. Or you could retain counsel. Or you could file a Motion in Court for the judge to determine whether you can modify.
Answer Applies to: Virginia
Replied: 7/1/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    The Trustee doesn't decide whether your motion to modify is granted or not. That is up to the Judge in your case. File the motion to modify based on the new income with a Declaration explaining that this will be the new income and no overtime is expected henceforth, etc.
    Answer Applies to: California
    Replied: 7/1/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If there has been a change of circumstances after filing a plan in chapter 13 you can file for a modification.
    Answer Applies to: California
    Replied: 7/1/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Not really. You can file an opposition to his motion to dismiss if you have grounds.
    Answer Applies to: California
    Replied: 7/1/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    This sounds like you made the horrific mistake of not having a lawyer. You do not "negotiate" a lower payment. In fact, a lower payment may not work. What you need is a lawyer. Your plan still must pay out the applicable pool amount, so a drop in payments may or may not work. You may have other better options (conversion to a 7 and keeping your home, for example). Instead of proposing a modification that may fail, and maybe losing your home and the case in the process, retain a lawyer now to do things right. It may save your home and help your budget. It is absolutely necessary. (And stop talking the Trustee, who is an adverse party). What you have already said and submitted may have limited your options. That was a very bad decision.
    Answer Applies to: Georgia
    Replied: 7/1/2011
    Law Office of J. Scott Logan, LLC
    Law Office of J. Scott Logan, LLC | John Scott Logan
    If your plan has not been confirmed, you can just file an amended plan. If it has and the Motion to Allow and Disallow claims has not been granted, you can modify your plan in the Motion. If that order has entered, you need to file a motion to modify the plan and notify all creditors. You should be aware that you cannot reduce the payment on secured claims or the amount to be paid on taxes. You also must repay your creditors what they would get in a Chapter 7 case. Because most people who hire lawyers only repay 1-5% to their unsecured creditors, you may not be able to lower the dividend to unsecured creditors by much (they must get at least $50 each in Maine).
    Answer Applies to: Maine
    Replied: 7/1/2011
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