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Trustee objected to my plan - help

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    #1

    Trustee objected to my plan - help

    I filed chapter 13 in Jan 08 after having a tough couple of years and little income due to job loss and divorce and my ex not paying child support. I just took a new job in Nov 07 and got remarried in Dec 07. Since I was finally making some money decided Chapter 13 may be the way for me to go to help with my debt. My husband has excellent credit and some debt, mostly because he helped me. I divorced in 2005 and my ex husband and I filed chapter 7 in 2002. Anyway, the trustee is objecting to my husbands debt payment (which we had to disclose even though he is not filing)
    Also, says that the minimal repayment may not be filed in good faith. What do I do?

    My house is in my name, but we would like to sell and move. Is that even an option?

    I owe about $40,000 in credit card debt. I can't afford the payments, but do I have any choices other than to let it get dismissed? Also, can I get in trouble if the trustee thinks the filing was not in good faith? (It is, I really do not have the money and used my credit cards to help get me and my 2 kids by the past few years. LEt me know what you think.
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    #2
    Did you use an attorney? chapter 13's are not do it yourself projects as a rule. If you didn't I would get an attorney on board asap and have him/her help you sort it all out.

    Comment

      #3
      I did use an attorney. He has been horrible about answering any questions.

      Is it bad to have it dismissed?

      Comment

        #4
        Chapter 13 trustee's are not doing their job unless they find "something" to object too, so realize that nearly every chapter 13 filing gets objected too the first time around. Depending on the nature of the objection, all you need to do is negotiate with the trustee to find out what he wants. (Typically an increase in your monthly payment).

        Without more info, I am not sure what you mean by "minimal payment may not be filed in Good faith". But as for the debt payment, that is probably something you can fight (unless your a community property state).

        Comment

          #5
          Then ours must not be doing his job....we got confirmed at the 341...no objections.
          Filed: October 1, 2007 341: December 10, 2007
          CONFIRMED: December 10, 2007
          Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

          Comment

            #6
            I'm confused~ WHAT DEBT PAYMENT is he talking about???

            Originally posted by winston View Post
            I filed chapter 13 in Jan 08 after having a tough couple of years and little income due to job loss and divorce and my ex not paying child support. I just took a new job in Nov 07 and got remarried in Dec 07. Since I was finally making some money decided Chapter 13 may be the way for me to go to help with my debt. My husband has excellent credit and some debt, mostly because he helped me. I divorced in 2005 and my ex husband and I filed chapter 7 in 2002. Anyway, the trustee is objecting to my husbands debt payment (which we had to disclose even though he is not filing)
            Also, says that the minimal repayment may not be filed in good faith. What do I do?

            My house is in my name, but we would like to sell and move. Is that even an option?

            I owe about $40,000 in credit card debt. I can't afford the payments, but do I have any choices other than to let it get dismissed? Also, can I get in trouble if the trustee thinks the filing was not in good faith? (It is, I really do not have the money and used my credit cards to help get me and my 2 kids by the past few years. LEt me know what you think.
            Filed: October 1, 2007 341: December 10, 2007
            CONFIRMED: December 10, 2007
            Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

            Comment

              #7
              Originally posted by MajorMike View Post
              I'm confused~ WHAT DEBT PAYMENT is he talking about???
              Yeah, its not entirely clear, but if I had to guess, since the spouse is not filing, the filing spouse claimed an expense that is one of his debt payments.

              Comment

                #8
                Originally posted by MajorMike View Post
                Then ours must not be doing his job....we got confirmed at the 341...no objections.
                Not exactly a helpful post, but ok.
                Last edited by HHM; 02-27-2008, 08:28 AM.

                Comment

                  #9
                  Yes, we had objections the trustee said we claimed to much for medical $200 a month for 4 , this was prescriptions appointments, glasses,dental we even had a year worth of reciepts to show we accually spend that. Our prescriptions rum $150 a month and thats accually not very much , but he claimed its was above average allowed $150 and increased our payment $50. I did not feel it was worth a fight, so we just agreed. Ironically the IRS added a allowable deduction for medical this year and it was about $56 per person.

                  Comment

                    #10
                    my husband (since December) has debt payments of abround $1000 for car, credit cards, etc. \

                    If my case gets dismissed what happens? How long will it take for the creditors to start calling me again?

                    Comment

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