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  1. #1
    Join Date
    Jan 2007

    Default Cancelling a Chapter 13 Plan

    I filed for cahpater 13 about 2 1/2 months ago in the state of Indiana, a week after my 341 meeting I recieved a notice of objection to confirmation. The notice informed me that there is too much disposable income not being allowcated to my plan. as per 11 U.S.C. Sec.1325(b) and Sec. 1325(b)(3).
    Secondly they want me to surrender a travel trailer that I owe about $6000.00 on I wish not to do so especially since I am willing to pay for it in full and not "Cram down" on it. My lawyer has not been very helpful with answering my questions about this situation. I get the feeling he is avoiding this because there are no answers. Currently within the proposed plan there is 3 months mortgage arrears and two months auto payment arrears.I have also made the first two plan payments to the trustee which include two months current house payments.My primary reason for this question is to hopefully find out if it is possible to cancel my chapter 13 procedeings, pay the arrearsin the plan, and get most of my contributtions into the plan refunded so I can pay my own darn mortgage? Also is my lawyer entitled to his full fee since he hasn't done his job fully?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Cancelling a Chapter 13 Plan

    The money you pay to the trustee is paid out to your creditors, less the trustee's fees. You don't and won't get it back.

    If you drop out of your Chapter 13 plan, you'll go back to owing your full balances on your debts.

    This is a decision you should make in consultation with your lawyer.

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