Bankruptcy Forum

I am sooo confused

bckthuzs
04-05-2006, 11:54 AM
We are in the process of going through 13. We go on the 20th for our 341 meeting. Our lawyer has come up with a proposed plan of 144 a month. They already started the wage garnishment for it out of my husbands check since I don't work and attending school full time.
The attoney proposed to the mortgage co that we would pay back the payments that we are behind which came up to 3000. I get a letter today saying mortgage co. objects and denies plan and says we owe 5500. for late payments, late fees and legal fees. Now what am I to expect?
Also I got all of the paper work from the attorney on how they figured up our income. By what they have figured my husband makes 51,000 a year. That is a far cry. We wouldn't be filing if he did. Last year he only grossed 37,000. Is this something they do to make a budget work? Any advice would greatly be appreciated. Thank you.:unsure:

aa06a47
04-05-2006, 12:16 PM
If your in a chapter 13 at $144/month, ask your attorney if you settle on the $5500 to your mortgage company, then would this mean less money will go to the unsecured creditors and more to the mortgage? This settlement may not increase your payments, just the % that goes to unsecured creditors. If your attorney fees are in the plan, they may want you to pay more to the plan to pay off the attorney, trustee, and mortgage company.

I would also point out the income difference to your lawyer. They take the last 6 months of pay stubs to determine this. So, if your husband was not making the same the first 6 months of the year, that is how this could occur...and of course, Laywers do make mistakes.

bckthuzs
04-05-2006, 12:30 PM
0% is going to the unsecured. We would file chap 7 but it has only been 4 1/2 years since last one. Even if they want more we are so tight in the budget. Since they have made such a difference does that mean I could get a part time job and not affect anything?