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Chapter 13 Post Confirmation Modification Qs
You are on the right track. Motion for Order Authorizing New Debt served with MOMOD wrapping all of the changed circumstances into declarations supporting each. The path of least resistance is to proposepostpetition tax as part of the modified plan so Ch13 T gets%, etc. FTB usually will not file postpetition claim, but debtor can file for FTB, IRS is very cooperative with filing postpetition claims.
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Need some experienced input for this chapter 13 case.
Confirmed 5 year plan. Debtors have been making payments for 1 year.
#1: They NOW have $2,400 in 2008 income tax liability THAT THE PLAN DID NOT ANTICIPATE.
Do they need to modify plan to pay this through the plan or can they pay it outside of the plan? Pros and cons. Do they file amended Schedule E with FTB and IRS and generate an revised plan, or prepare POC for these two debts?
#2: Debtor crashed second car, old no payment only $100 monthly expense in Schedule J. Now debtor needs a second vehicle. Payments on Debtor wife's car end in June 2009, $425 per month.
Should Debtor file a motion for approval to purchase a second auto along with modification above, if needed, amending Schedule J to reflect new auto payment adjustment from the existing one?
#3 Debtor will receive some insurance money, around $1,000 for totaled car. Can they use that for necessary dental work not covered by insurance without court approval?
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