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