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What happens if I get into confirmed Chapter 13 repayment plan & then start making more money? eg. if my wife finally gets work

Riverside, CA |

I am wondering if an increase in income will chuck the whole plan or whether the trustee will increase the payment or require a new plan to be proposed. Please explain.

Attorney Answers 2


Chapter 13 plans can be modified. If one of you makes more income you may be required to increase the monthly plan payments. However, there are many factors that go into the calculation and it is difficult to give a precise answer without a full picture of your overall income, debt, assets and other factors.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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I agree with Mr. Myers. Depending on how much your income increases, you may have to increase the plan payment. If you are asking for reasons other than "curiosity sake," you should consider consulting with an experienced bankruptcy attorney in your area.

I wish you the best of luck in finding a resolution to this matter

Disclaimer: The materials provided herein are for informational purposes and neither constitute legal advice nor should they be relied upon as legal advice. Every situation is fact sensitive, and it is impossible to evaluate a legal problem without a comprehensive consultation and a review of all facts and documents at issue. This answer does not create an attorney-client relationship. I am a California Bankruptcy lawyer. .

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