| You'll have to make an appointment with your attorney and bring proof of your MS diagnosis along with other proof of changes in both expenses and income that occurred since filing. Your attorney can advise whether the changes warrant a motion to modify your plan. If there are questions or approvals required by the Trustee, your attorney will contact him, instruct you on any further proofs needed, then initiate the paperwork to modify your plan.
The Trustee's operates under federal guidelines that prohibit his office from giving advice on a case. After confirmation they simply pay your creditors, keep records and react to legal motions. They will almost always have you contact your attorney to discuss the available options.
Your payments can only be reduced to the extent that the total principle paid into the plan covers 100% of all unsecured (car and home loan arrears), 100% of priority debts (family support, etc), and some allowable percentage to unsecured creditors. So, as long as you get your modified (new) plan confirmed, you won't loose your car. If you convert to a Ch 7, you'd have to get current on your car to keep from loosing it.
Either the percentage (total paid) to unsecured would be lowered, or the term of the plan lengthened (if not already at the max 60 months) to cover the reduced monthly amount. This is why you need to make an appointment with your attorney. This can't be handled by the Trustee, or even over the phone with your attorney. | 
07-15-2003, 04:46 PM
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