What can I do if my trustee wants to charge me double on my chapter 13? 10 Answers as of July 27, 2011

The trustee of my chapter 13 is doubling my last ten payments of a five year plan ( I have 10 months left on my plan) because the original number (already amended once) won't cover the remaining balance. They are saying they never confirmed the plan. What recourse do I have ? I can't afford the new payment. It would literally bankrupt me. My income is not sufficient to pay that and my mortgage and eat. It's not fair some one else screwed up and I did everything they asked for four years.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
File a motion to modify the plan. That is all I can suggest as I do not know where your case went south.
Answer Applies to: California
Replied: 7/27/2011
Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
This is definitely a situation you should discuss with your bankruptcy attorney.
Answer Applies to: Colorado
Replied: 7/27/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
One way to avoid doubling up payments to complete a plan is to modify the plan, paying a lower amount to creditors. Consult with your attorney to do this for you.
Answer Applies to: California
Replied: 7/26/2011
Guerrieri & Cox
Guerrieri & Cox | Michael A. Cox
If you have an attorney, you should speak with your attorney about this matter ASAP. In Ohio, it is very rare to have debtors representing themselves successfully in Chapter 13 plans due to their complexity. In the Southern District of Ohio, less than 3% of Chapter 13 cases filed without attorneys make it to the confirmation hearing. And, it is virtually impossible to get more than a year into a plan without having it confirmed.
Answer Applies to: Ohio
Replied: 7/26/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You should seek the advice of a Bankruptcy Attorney, it does not make sense that they would fail to confirm your plan for 4 years.
Answer Applies to: New Hampshire
Replied: 7/26/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    What you are being told is that, based on the amount you are currently paying each month, the total paid after 60 months will not be enough to pay the full amount required to be paid to creditors under your Chapter 13 plan. The plan cannot last any more than 60 months, so you need to pay more in order to comply with the terms of your plan within 60 months. If you had an attorney representing you, he or she should have been able to accurately calculate the amount to be paid after the claims bar date and if an adjustment needs to be made you would have had years to pay it ( with a much smaller increase if needed) rather than 10-12 months when the trustee checks to see if the plan can be completed timely.
    Answer Applies to: California
    Replied: 7/26/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    talk to your attorney
    Answer Applies to: Florida
    Replied: 7/27/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can file a motion to modify and hope it gets granted, but it's tough to fight a Chapter 13 trustee in front of the judge.
    Answer Applies to: California
    Replied: 7/26/2011
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    You need to go see a Lawyer to investigate what went wrong in your Confirmation hearing
    Answer Applies to: New York
    Replied: 7/26/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You sound very confused, and need to call your lawyer. It is impossible for you to be 50 months into a non-confirmed plan. That cannot happen. Judges and not the Trustee confirm plans. Do you mean to say that you filed an amendment after confirmation and never followed up to get IT confirmed? Regardless, depending on the claims and wording of your plan, sometimes a plan needs to have increased payments to be completed. And sometimes it can be amended again. And sometimes you even can convert to a 7. You need to see your lawyer. This is not a pro-se project.
    Answer Applies to: Georgia
    Replied: 7/26/2011
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