Not Sure What to Do

[chloe0724]

Ok,

So my attorney is not being very helpful at the moment. Had my 341 and at the time the attorney apparentlly made some errors in the paperwork. He said no big deal and would get it corrected. Got the objection to confirmation yesterday and it stated the error that the attorney made along with all disposible income must be paid into the plan. Attorney says that the errors he made are what are causing both.

Anyway, that's not my question, just venting. My husband is officialy no longer working as of yesterday. He is/was a police officer. He has a heart condition that the cardioligist is telling us can not let him work in law enforcement any longer. We are working with an attorney to get disablilty through the dept, but it could take a year or more. He will be getting short term disability, but it takes 4 weeks to kick in.

I told my attorny about this and he said we could modify the plan or try and convert to a 7. The thing is, and this is where I am getting frustrated by his lack of answers, is that we don't know what the income from STD will be or what the future holds for us at the moment. I feel like this is the worst timing for this.

Can we put the case on hold somehow?

[rrockinggramma]

you might need to go to the attorney's office to get your help. I hope your husband will be ok. I would probaby try to convert to a 7 due to this situation. GL

[chloe0724]

I would like to convert to, but not knowing what the income will be, hoe can i?

[AngelinaCatHub]

Chloe0724, Yes I've heard attorny's complaints before, sickening isn't it? But address him on this. Hub should ask his HR person what that would be. I really don't think they can take your money as insurance and proceeds from it are exempt. That is a form of insurance. It "should" not be held against you. 7 is your best bet. 'Hub

[chloe0724]

Thanks Hub. He still hasn't given me a straight answer about the 6 month look back either. Since we aren't yet confirmed in our 13 payment, do we have to wait 6 months for the mediun income to drop?

[chloe0724]

does anyone know about the 6 month lookback if converting?

[Flamingo]

The 13 errors are no big deal - the big deal is your hubby and his inability to work anymore so therefore errors that could have easily been resolved in a Chapter 13 (and happen all the time due to numerous things and the complexity of it all) so, therefore, due to the income loss what appears will occur here is that you will have to convert to a Chapter 7 from the already filed Chapter 13. What will occur with your husband is that he will have to take all his available sick and vacation days first (which would be straight income) and then short-term disability will kick in, depending on his employer's policy; then long-term disability benefits which are usually only a certain percentage of his former income (i.e., 50%). Disability benefits (short or long-term) are provided as benefits by his employer and are insurance related - they should be exempt just as they are via Social Security.

As to the look back period with this and your hubby still probably receiving income for his available sick and vacation time which will be utilized first and then whatever his company policy is thereafter if there are other benefits for him, you need legal advice as to that period of time and the conversion.

I certainly wish your hubby the best and just take one day at a time and believe it or not, this will get resolved. Unfortunately, magic wands and crystal balls are only in the movies...

[chloe0724]

Thanks Flamingo!!! I appreciate you advice.

[Lajazz947]

That's cool. A dog and cat getting along.

Leave to the BK forum to bring even mortal enemies together