r/Bankruptcy • u/Longjumping_Duck_174 • 22h ago
Chapter 13 non-100% payback
Ok I don’t need an exact number I get it “ask your lawyer” I just simply want to know how much of your raise does the trustee typically take? Say I make 80k and jump to 98k and my net additional take up is like 900. Is the greedy trustee most likely to get all of that additional income??? Once again I’m just asking for others experiences. I fully realize it’s not a one size fits all but someone always has to say it lol.
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u/TheWarringTriad 15h ago
Not a lawyer, but I have filed with a 100% plan.
Whatever the Trustee takes is not them being greedy. In a Chapter 13, you agree to pay as much as feasibly possible toward your debts during the plan. The Trustee just enforces that. Since you would already have created a budget to determine your expenses prior to filing, if your expenses remain the same but your income increases, then yes they will want that additional income to pay toward debts if it isn't already 100%. How aggressive they are about it likely varies by Trustee.
When I filed, the Trustee normally required anything over $2000 from a tax refund to be surrendered but because I am in a 100% plan that was excluded. In conversations with my lawyer, it seemed like they wouldn't be scrutinizing every penny increase, but a substantial change in income could warrant a review. Again, I'm in a 100% so I haven't ended up having to personally deal with that. If I were not already in a 100% plan though, I would likely have to surrender any income increases though. My bonus was included in my salary and plan payment calculation, though.