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Question for High Income Filers and Payment

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    Question for High Income Filers and Payment

    Hey guys,
    If you are familier with my case, I'm still in limbo waiting on court July 12th for judge to decide confirmation or not. I have been researching and from what I have read it seems that if a person in under median income, the payment in a chapter 13 comes from Scheduals J and I. If they are over the median income, the expenses are used from means test and the payment is based on means test.

    How many of you over median filers showed a higher amount on means test that you could pay vs what Scheduals said you could pay. What was your payment based on?
    Filed: Feb 15, 2007
    Confirmed: Sept 20, 2007
    21 months down
    39 months to go

    #2
    Originally posted by dovette7 View Post
    How many of you over median filers showed a higher amount on means test that you could pay vs what Scheduals said you could pay. What was your payment based on?
    Our trustee filed an objection to our case a year ago over this exact issue - a mismatch between our Schedule I&J results compared to the Means Test. Our lawyer is anticipating that our bk court judge will issue an opinion regarding this and our other trustee objection (can we repay retirement loans and also continue to contribute to our retirements while in Ch 13) any day now. Will keep you posted.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Wow..I hadn't read your signiture before. You have waited to long to get confirmed. Do you know why it has taken so long for judge to have hearing? I guess I am still trying to learn patience. It's been a few months and I'm feeling crazy in this limbo.

      Per attorney, knowing what trustee would say, we stopped 401K contributions when we filed. We kept 401K loan payment, but attorney said trustee may object to that also. He did not object to repayment, but objected that we didn't have a step up plan payment once it was paid off. We amended that.

      Only objection is the issue above. Means test shows $X and Scheduales show much lower. Thanks and keep me posted!
      Filed: Feb 15, 2007
      Confirmed: Sept 20, 2007
      21 months down
      39 months to go

      Comment


        #4
        I don't know the answer to this question, but our 401K contributions and retirement payments did not change. I think our payment was based on whatever was left over after necessary allowed expenses were calculated. We pay $3247 per month.
        Filed 2/2005
        Last payment 9/2008
        Discharged 12/2008

        Comment

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