ExpertLaw.com Forums

Income Changes During Chapter 13

Printable View

  • 12-02-2007, 09:36 AM
    fosterisacoolcat
    Income Changes During Chapter 13
    We have been paying on our chapter 13 case since september. The length is to be 5 years. We have aprox. 25,000 in secured debt and about 90,000 in student loans, which, to my understanding, have priority over the 145,000 we have in unsecured debt. Not all of our unsecured creditors have filed a claim, if they did, the total would be closer to 187,000. We pledged the first three years of tax refunds but we have to submit tax return paperwork for the whole time we are in chapter 13.
    My first question: I plan on startingot work as soon as both our kids start school. This will happen in about 3 years. Will I be required to turn over all of my income? I have read somewhere that trustees dont require you to increase your payment after the first 36 months. I am not certain if this is standard or if each trustee is different.
    also: If, for any reason, our payments were to increase from either my husband making more money or because I am working, would the extra payments go towards our student loans first or will it increase the percentage we owe our unsecured debts (currently at about 13%)?
    and: what happens to the requirements when you get beyond the 36 months when you are on a 60 month plan? I find lots of info for the demands the first 36 months online but very little of the expectations when on a 60 month plan.

    Thanks for reading this long post.
  • 12-04-2007, 08:46 AM
    Mr. Knowitall
    Re: Income Changes During Chapter 13
    You would report your change in income to the trustee. I think there is some dissent between the circuits, but I understand that the disposable income test looks to the first three years after bankruptcy, and thus that an increase in income after that period of time has passed would not result in an increase in your plan payments. You would be able to petition to modify your plan to pay off the remaining balance over a shorter period.
All times are GMT -7. The time now is 03:29 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved