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A.J.
A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4209
Experience:  Experienced consumer bankruptcy attorney.
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hello. i am currently in a ch 13 plan, not confirmed yet.

Resolved Question:

hello. i am currently in a ch 13 plan, not confirmed yet. i am behind on my payments
but was told i could catch them up and am working on it. i had my 341 meeting 5-9 and needed to have my plan ammended as my car was in with it and was not suppose to be.(it was almost paid off)
also my mort co didn't send in proof of claim yet and that held things up. so i've been waiting since 5-9 (341 meeting) to hear something and finally today i got an ammended
plan. i can't get a hold of my lawyer until thurs because he's out of office. i'm supose to
sign this plan and fax back. but my question is, it says now that my previous 700 biweekly plan is now 675. and that "debtor shall pay 675 from 5-9 to 7-9 (3 mo)". then 1462 monthly for remaining 60 months. and she says i am now current on my payments?
did the hold up and wage assisngment taking so long to get going help me in some way
not to have to owe this much now since may and it was somehow figured in?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  A.J. replied 2 years ago.

SavyLawyer :

Hello, and thank you for contacting Just Answer.

SavyLawyer :

It is certainly possible that a change or mistake in a wage assignment by a creditor could have lowered your plan payment. Or, it is possible that just removing the car debt was enough to lower the payment (I assume by "she" you mean the trustee).

SavyLawyer :

Or it could be that another miscalculation was caught while recalculating the payment. My hunch would be removal of the car debt is what did it, as lowering your total debt load should lower your payment, but without being able to see the petition, schedules, and proposed plan there is no way to know with certainty. It is certainly possible that money paid through a wage assignment that had not previously been applied effected the new number by lowering it.

SavyLawyer :

It would be prudent to request time from the trustee for your attorney to review the new plan, as generally they are understanding about the need to have an attorney representing a client review everything.

SavyLawyer :

I hope this helps, and let me know if you have any further questions by typing them in and clicking "Reply"

SavyLawyer :

If you do not have any further questions or have received a complete answer (whether or not it was the answer you were hoping for), please remember to RATE my answer and click the THREE STARS/POSITIVE FACES OR BETTER so that we can get good feedback for working with you. Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Expert:  A.J. replied 2 years ago.

If you do not have any further questions or have received a complete answer (whether or not it was the answer you were hoping for), please remember to RATE my answer and click the THREE STARS/POSITIVE FACES OR BETTER so that we can get good feedback for working with you. Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 2 years ago.

i got the letter from the attorney. she is the lawyer, the trustee is also a "she". my question was how can i be current when i was 1320 behind?


i also don't see why i would only pay 675 total for 3 months rather than


1400,(700 biweekly) like i was originally suppose to. then pay a different amount for the remainig 57 mo?

Expert:  A.J. replied 2 years ago.
As I said before without being able to actually see all of the documents and calculations, it is impossible for me to know with certainty.

If you had already made payments, it is possible that with the removal of the vehicle debt the total for the prior three months could be significantly lower. It is also possible that the $675/month for the first three months was a mistake, and they meant to put $675 bi-weekly. There are a number of factors that could have significantly changed the plan amount when debts are removed or re-calcuated. The two that we have already discussed, removal of a debt or payments through garnishment of a debt, can make a big difference in what they plan ultimately is. It is possible that based on payments already made (prior to getting behind), with the reduction of the debt load the amount owed for the period you had already paid for was reduced to the point that you actually got caught up. Without being able to review both the initial and new plans (which would be beyond the scope of what I can provide on this site), I cannot say for sure, but the only thing that I can think of is that previous payments, in light of the reduction of total debt owed with the removal of debts, covered the back owed amount now that it has been adjusted.

Is the deadline for you returning the plan signed to your attorney (or are they asking that you send it directly to the trustee) going to pass before your attorney gets back in town? I can certainly see why you would be hesitant to sign off on something where such a large and unexplained change has been made, but that is what you are paying the attorney for, to make sure that everything is set up properly.
A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4209
Experience: Experienced consumer bankruptcy attorney.
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