Will the amount my partner needs to pay when he filed bankruptcy go up or will it remain the same for 3 years? 13 Answers as of April 30, 2014

My partner/roommate (male) has filed chapter 13 bankruptcy. We are being told payments will be about 100 per month. Is this amount going to rise in the 3 year period the lawyer explained to us? Will it hurt us that we reside together?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
It should remain the same if the debt being paid is 100%.
Answer Applies to: New York
Replied: 4/30/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
There is not enough information in your question to properly respond. If you have an attorney, why aren't you speaking with him or her? Normally Chapter 13 payment amounts do not increase over the life of a Chapter 13 plan, normally. There are circumstances, of course, that do require that the debtor bump up the payments. If you do not have any confidence in your own attorney, pay another attorney for one hour of his or her time to review your plan with you.
Answer Applies to: Colorado
Replied: 4/29/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
Whatever the Ch. 13 plan states is the order of the court. It could be that the plan may call for an increase in the monthly plan payments. You must look at the plan to find out.
Answer Applies to: Minnesota
Replied: 4/29/2014
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
It may go up if the trustee is requiring tax returns.
Answer Applies to: Florida
Replied: 4/29/2014
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
That depends on a lot of things. If his income increases. If a 401(k) loan gets paid off. Etc. Ask the lawyer he should be able to address your partner's specific situation.
Answer Applies to: Michigan
Replied: 4/29/2014
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    The amount to pay depends on what you can afford to pay. Is your partner my client? It usually remains the same but it could go up depending on the circumstances.
    Answer Applies to: Michigan
    Replied: 4/29/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Payments can change based on changes in the person's income, either up or down.
    Answer Applies to: California
    Replied: 4/29/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It depends on what the plan says & what the goal of the plan happens to be. Doesn't anyone read their Chapter 13 Plan anymore?
    Answer Applies to: Nevada
    Replied: 4/29/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    Plan payments are set once confirmed unless there are things like a vehicle payment that ends during the plan period or there is a significant change in circumstances such as large raise in income.
    Answer Applies to: Indiana
    Replied: 4/29/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    In New Jersey, once the plan is confirmed, it will not change unless circumstances warrant same.
    Answer Applies to: New Jersey
    Replied: 4/29/2014
    Lynch Law Offices, P.C. | Roseanne N. Lynch
    The Plan the lawyer has prepared would indicate if the payments stay the same or if it goes up through the years. Your partner should receive a copy of the Plan and it will state the amount of the payment. Household income and expenses are taken into consideration when filing a Bankruptcy. No one should be "hurt". You should speak to the attorney that prepared the Plan.
    Answer Applies to: Illinois
    Replied: 4/29/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The fact that you live together should have been factored in already. It is not often that a payment goes up, but that might depend on your jurisdiction. In the Central District of California I have never seen this happen.
    Answer Applies to: California
    Replied: 4/29/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    The amount could change if there is a significant change in circumstances; however, it is unlikely.
    Answer Applies to: California
    Replied: 4/29/2014
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