What can we do if we would like to have our Chapter 13 payment reduced? 15 Answers as of March 19, 2014

My husband and I filed a chapter 13 last year. At the time my husband was working a massive amount of overtime because I was not working. The result was that we had to pay 600 per month to a trustee. After I found a job my husband’s overtime was stopped and he may only work a regular 40 hours per week. With my current salary and my husband regular hours we are in the negative of about 600 per month. We went to our Attorney to ask is we could have our payment reduced and was told that we could not and if we were to try that our payments would increase. Can we seek another Attorney?

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A Fresh Start
A Fresh Start | Dorothy G Bunce
You are welcome to seek a second opinion, but typically one an order is signed confirming a Plan, the amounts that need to be paid to creditors have been determined & are written in stone. While you can ask for a temporary reduction in plan payments due to a loss of income, you often have to make up the missing amounts down the road. And submitting and having another plan confirmed is not simply a matter of snapping your fingers and making it happen. The amended plan needs to be noticed to all of your creditors and a court appearance to confirm the plan is required. If you are willing to pay your attorney for this additional work, great, but don't expect your attorney to do this additional work for the base fee provided. The attorney's work is basically completed once an original plan is confirmed.
Answer Applies to: Nevada
Replied: 3/19/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
You can always seek the advice of another attorney. If you income has been reduced you should be able to make a motion to the court for a modification of you plan payments. If you are now negative you may want to convert to a chapter 7 depending upon your overall situation.
Answer Applies to: California
Replied: 3/19/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can file a motion to modify the payments down but there may be a reason why your attorney is telling you it will increase.
Answer Applies to: New York
Replied: 3/19/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes, by all means, contact another attorney. You need to do a Post Confirmation Modification. You will need to submit new schedules I (income) & J (expenses), as well as your most recent paystubs with year-to-date information. Make sure you contact an attorney who has lots of experience (for example, I have done hundreds if not thousands of PCM's). Good luck!
Answer Applies to: Colorado
Replied: 3/19/2014
Law Office of J. Thomas Black, P.C.
Law Office of J. Thomas Black, P.C. | J. Thomas Black
Yes, you can terminate your attorney and then consult with another attorney if you wish. But without seeing your plan and your situation, it's impossible to say, your current attorney may be correct. It's possible that your plan payment cannot be reduced for some reason.
Answer Applies to: Texas
Replied: 3/19/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You usually can reduce your payment if there has been a change in circumstances. Did your attorney run the numbers and tell you that there had not been enough of a change? You can get a different attorney, but I would try to work with your current attorney because he or she has the original filings and knows your case. Your payment can only go down a certain amount if you have secured items (like a house payment, or back house payments, etc.) You may be at the minimum and may need to convert to a Chapter 7 if your income has gone down as much as your payment to the trustee is. Good luck!
    Answer Applies to: Michigan
    Replied: 3/19/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes you may be able to reduce your payment if you can prove that your income has been reduced. There are a few factors that are related to your case only. If your attorney is not willing to do it, you should seek assistance with another attorney.
    Answer Applies to: Florida
    Replied: 3/19/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Sure, you can go to another attorney.
    Answer Applies to: California
    Replied: 3/19/2014
    Stephens Gourley & Bywater | David A. Stephens
    You have to prove your income is reduced and then move to modify the plan based upon the reduced income. Depending on the nature of your debts, that may or may not be possible.
    Answer Applies to: Nevada
    Replied: 3/19/2014
    Ronald K. Nims LLC | Ronald K. Nims
    If your joint income has been reduced, then you should be able to have your monthly payment reduced. Even if you fail to have the payment reduced, the court wouldn't increase your payments. I believe you should consult another attorney.
    Answer Applies to: Ohio
    Replied: 3/19/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    You can always change counsel.
    Answer Applies to: Washington
    Replied: 3/19/2014
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