Expert: Mark J. Markus- California Bankruptcy Attorney - 9/15/2009

Question
Some time ago I contacted you for some legal advice, and you were able to help me more than you can ever imagine.  If it's not too much trouble, I have a question or two that I really need to be answered prior to accepting a new job offer.

To keep it short, I have an established Chapter 13 and have been making court ordered payments through my employer for almost 1 year.  I have been approached by another company that wants to hire me, and the upside is, they are willing to give me a 30% pay raise.  How will this effect the Chapter 13 I already have in place.  Will I have to go to court and re-file everything, will the Trustee demand that I give them all the extra money, how does this work.  I have contacted my lawyer several times, and now that he has been paid and the court filing is finished, he has very little time to answer these questions.

Any help you can provide will be greatly appreciated, as this decision means the world to my family and me, and I would like to make an educated decision.

Thanks,
Brian

Answer
That depends on the terms of your plan and the loca rules of your bankruptcy court.  In the Central Dist. of California, if you are paying less than 100% to your unsecured creditors, an increase in pay is grounds for the Trustee to seek to increase your payments.

http://www.bklaw.com/