In a 100% plan - are the trustee payments “on top of” or “part of” the 100% to creditors?
I have a ‘friend’ who is nearing completion of a 100% plan - The trustee is threatening dismissal because the plan payments will not total 100%. This is the first time the trustee has brought up this deficit (with ~6 months remaining). As it stands, the plan would currently pay back 94% with no changes.
Based on ‘back of the envelope’ calculations - it would appear that the trustee is attempting to “not include” the trustee payments in the 100% total. Meaning the debtor would be effectively paying 103.3% of the allowed claims.
I have a lawyer - I am not seeking legal advice - I just want a factual answer as to the initial question if possible while I wait for the lawyers to argue amongst themselves.
Jurisdiction is Kentucky, if that matters.