QUESTION
Am I in trouble regarding my chapter 13 notification of income increase?
Asked on Jan 18th, 2016 on Bankruptcy - Colorado
More details to this question:
I've been in chapter 13 for 3 years now and paying on time (even ahead of schedule). A few months back I received a 30% raise and notified my attorneys of it. They never got back to me so after 3 months I sent them an email and placed a call to see what the status of my case is. They are now telling me I need to come in and meet with them to discuss what needs to be done. I'm not trying to hide my income from the trustee and will pay any differential arrears and modify my plan to increase my payment to 100%. I'm trying to find out what sort of penalties I might be facing or what have I gotten myself into. The process was going so smooth until now and I'm honestly scared of getting into legal trouble with the trustee/judge.
8 ANSWERS
There are two ways of thinking about this, and my strategy is that my clients ought to pay as little as they can in Chapter 13, and it is up to the trustee to ask for an increase, and it is me and my clients to fight against this increase to the extent fighting makes financial sense. Sounds like you think that you should just roll over and pay more because your income increased. So you and I would not get along unless you came around to my way of thinking. However, with this attitude, you are shooting yourself in the foot and are failing to consider that your expenses may be increasing along with your income.
Answered on Feb 08th, 2016 at 5:41 PM
2 Awards
You're not in trouble. The plan just needs to be amended.
Answered on Feb 08th, 2016 at 3:33 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
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First, a 30% income increase is borderline on whether the trustee will ask for a modification or not. A 100% increase is sure to get a modification request, a under 20% certainly not. 30% is hard to predict, depends on your plan, the trustee and the local judges. Second, you notified your attorney when you got the raise and, since you sent an email, you have a record of the notification. THAT'S EXACTLY WHAT YOU'RE SUPPOSED TO DO. If your attorney is a slacker that didn't answer your email for 3 months, then she will get any crap that's coming not you. The thing about slackers is that they always blame someone else, so you can be certain that she'll pull a Hillary and lie her butt off about how she asked you and you never got back to her. If there is any talk of you getting a penalty, ask for copies of all her emails.
Answered on Feb 08th, 2016 at 3:32 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Question is best answered by your attorneys. However, if you are wiling to pay an increase that's all the Trustee could want. Do not worry.
Answered on Feb 08th, 2016 at 3:32 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You already have lawyers. Contact them for an appointment. The no doubt wanted to meet with you so that they can prepare an amended schedule of income and expenses. It may be that things have changed in the past few years that would affect how much you should now be paying in to the plan.
Answered on Feb 08th, 2016 at 3:31 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Speak with YOUR attorney, they know the facts and have the best available opinion.
Answered on Feb 08th, 2016 at 3:31 AM
You have done exactly what you are supposed to do, so the worst that can happen is that you may have some retroactive payments to make up. Your attorney should know how to minimize it.
Answered on Feb 08th, 2016 at 3:30 AM
No penalties. Go in to see your attorneys.
Answered on Feb 08th, 2016 at 3:29 AM