Can you be made to pay more than your original debt in a chapter 13 bankruptcy?
4 attorney answers
You can't pay more than the debt you owe, except, you have to figure in the trustee's administrative fee (set by law) as part of a Chapter 13, as well as attorney fees if you have an attorney representing you.
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Well, the fast answer is no, you can't pay more than you owe. The longer answer, as with most things is, it depends. There are inherent costs associated with filing a Ch. 13, your attorney's fees and the trustee's administrative costs, so those are add ons. Then, in some jurisdictions, disposable income ( such as going from 1 income to dual income) may result in the trustee requiring 100% payment to the unsecured creditors PLUS an APR interest factor like 3 or 4%. So, in that sense, if interest is required to be paid, you are also paying more than you owe. If the trustee is making such a motion to modify, you should get with your attorney to see if you can object to the modification. Yes, your income has increased, but so have your expenses, presumably, and the modification may be inflated because the trustee hasn't the information regarding expenses to proceed appropriately. JCC
You are obviously not represented by an experienced IN bankruptcy attorney, so you need to rectify that immediately. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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SOunds like you might have become married and did so w/o the advice of a bankruptcy attorney. I agree 100% with Attorney Colwell. If a motion to modify has been filed or threatened with discuss with a bankruptcy attorney. Only an attorney knowing all the facts can advise. Maybe your new spouse has debts that the trustee does not know about for example! Good luck.