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Question - Car/Braces/Daycare

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    Question - Car/Braces/Daycare

    My DH and I are filing 13 soon... sending the info and the initial check to the attorney next week. Filing 13 to safeguard us against Ex (not sure if we meet tests for 7 anyway...).

    Question to those of you BTDT, included in our list of expenses is a car payment that will end in about 18 months - what happens to that extra cash? Do we notify courts and increase payment?

    Two oldest daughters are set to have braces put on next June. I'm listing the $200/mo expense in our expenses - will that be denied? And what happens at the end of braces - does that increase payments to court?

    Have newborn - daycare costs through the roof - expect they will decrease over next 5 years - does that excess go to the court as well?

    Lastly, what if we had another baby? Will courts consider additional daycare costs in repayment plan?

    Thanks for any info!

    #2
    My son had braces at the time we filed. Our payment was about 80/mo. No one ever batted an eye at the payment or asked for any proof, or for how much longer we had to pay. I actually made the last payment almost a year ago.

    Expenses will come and go. I guess the arguement could be made that although we no longer pay for braces, the price of gasoline & fuel oil have increased so much that it's pretty much a wash. My husband also used to have a $150/mo payment on a secured loan which was paid back shortly after filing, but that never was a factor either........
    No one ever questioned the term of the loan.

    Of course, we are old law filers, so maybe things have changed. I would ask your attorney what he thinks about those items you have mentioned.

    PS: Regarding a new addition to the family, I would assume you should be able to request a modification of your plan if that were to happen. That's certainly something that would affect your monthly expenses in a very big way! Again, ask your attorney these questions. That's why they get the big bucks Good luck to you!
    K
    Last edited by krielly; 12-18-2007, 10:30 AM. Reason: add PS:
    You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

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      #3
      All really depends on a case by case basis. For instance, in my case I am at 100% payback and additional funds will not change that. However, if you are in a less than 100% payback, then I can certainly see how those could change what you are paying to the trustee.
      Chapter 13 Filed: 12/3/07
      Payments: 2/60

      Comment

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