QUESTION

If one has a significant increase in salary three years into a 5 year chapter 13 bankruptcy, can the amount owed to the creditors increase?

Asked on Oct 29th, 2016 on Bankruptcy - Wisconsin
More details to this question:
For instance, can paying 30% be increased to a greater payback percentage due to the increase in income; or should any increase in monthly payment mean the debt is paid off sooner?
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5 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You betcha! That is why you should be submitting a new budget (Schedules I and J) before the Trustee gets wind of the income increase and demands all of the increased income.
Answered on Nov 30th, 2016 at 4:34 PM

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Bankruptcy Attorney serving Salem, OR
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The total amount you pay back is increased. This is not what the law says, but this is what all the Oregon judges believe and so that is the way it is unless you are willing to spend $50,000 or more appealing the issue to the Supreme Court. You still might lose as the Supreme Court gets most bankruptcy questions wrong.
Answered on Nov 30th, 2016 at 4:23 PM

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In the federal districts where I practice, a Plan must last the statutory 36 or 60 months, and must include all your disposable income. So unless you are going to pay the trustee 100% of their outstanding debts, an increase in your income should lead to a modification of your Plan. You must initiate the modification, by drafting modified schedules I (income) and J (expenditures), and an amended or modified Plan. Since you are obliged to send your prior year's income tax returns to the trustee, he or she will discover the increase, and probably will come back to you with a demand that you file these papers. An increase in earnings does not necessarily mean that all the net raise goes to the trustee. Your other income, or your expenditures may have changed. Retaining a skilled bankruptcy lawyer is almost always worth the investment.
Answered on Nov 30th, 2016 at 4:22 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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If you have had an increase in income during your plan, I recommend you stay quiet about it unless you feel you have a morale obligation to your creditors.or you are in a 5 year plan because initially you couldn't afford a 3 year plan in which case you may want to amend your plan to a 3 year plan if you are eligible means test wise.
Answered on Nov 30th, 2016 at 4:22 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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You can modify the plan to increase the payments.
Answered on Nov 30th, 2016 at 4:22 PM

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