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Question about determing monthly payment, pretty long but please read!

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    Question about determing monthly payment, pretty long but please read!

    When I was at my attorney's office filling out the expense forms, I didn't realize how much it would really directly reflect what my monthly payments would be-- I they would just take a rough estimate of expenses, compare that with your income and then figure out how much you can pay. What ended up happening was they added up my expenses that I wrote down, and subtracted it from my income, and that was the exact payment that I had to make. So that means, if I put $120 for gas instead of $80, I would only be paying $40 less per month!! If I also listed my "entertainment" expense and $80 instead of $50, than I would be paying $70 less a month! Is this how it was for everybody else? If I knew this when I was there filling out the papers I would've put a little more in expenses so I would have to pay less -- I listed my expenses kind of low because I didn't know what to expect when I came up for the creditors meeting, so I made it look like I was living on a bare minimum budget. I didn't want to be questioned about why am I spending so much for food, or is cable tv necessary, or how come you spend that much on clothes and so on. But it turned out they don't even ask for proof of expenses, like your past electricity bills or your cable bills.

    Anyway this is the part I don't understand. My payments came out to $340/mo. This is the exact difference on the worksheet that my lawyer did where he subtracted the two amounts (expenses and income). The difference was $340-- now what I what I don't get is the default plan 4 years? How come he didn't take that $340 and make my payback plan 3 or 5 years? I asked him what if I wanted to finish this in 3 years, and basically my payment would have gone up proportionally. If I asked for 5 years it would've come down a little. I just thought it was a little weird that they took the EXACT amount of the differnce between income and expense and made that amount into the 4 year plan that I requested. What i'm wondering about is if I told him 3 years beforehand, would this amount be the same because there is no place on the worksheet where he figured everything out where you take the length of the plan into consideration.

    If anything I'm hoping to help you guys who are thinking about filing for ch. 13 to not make the same mistakes I did when filing out the expenses. Don't be embarassed or think it might make you look bad if you're actually paying $100 for digital cable. List it down, and if they have a problem with it then you might have to do something about it but list everything down since it makes a big difference in payments.
    Chapter 13 filed -- June 16 2006

    Creditor Meeting-- July 13 2006

    #2
    You expenses on your I&J should run pretty close to the "means" test allowances. If not, you will risk not getting confirmed and them coming back for plan modifications or having to justify them. Probably, the expenses you put down are readily accepted by the judge/trustee in your area. You lawyer would know the local "limits" that the trustee accepts.

    Look on your means test and let us know what it shows as disposible income. If you multiply that amount by 60 that would be your POT plan. Then if you take the POT amount and divide it by what your showing as disposible income (340) on your I*J it probably works out to the 4 years. Your the second or third poster now that has a plan that runs less than 5 years.
    Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
    Plan Confirmation 6/16/06 :yahoo:
    Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

    Comment


      #3
      Ezrin, are you on 100% payback?
      *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

      My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

      Comment


        #4
        No, I believe my plan calls for around 35% payback. I only have internet access at work, and I don't want to bring my bankruptcy papers in here-- I cancelled my home internet service in order to save money but now it seems like it wasn't necessary, could've just added that expense onto my plan and paid $30 less a month to the trustee.

        I don't have the exact numbers, but on the income/debt sheet we worked on the difference between them was $340. For arugments sake, it's like my take home was $2000 and my expenses that I listed came out to $1660. After he figured out this amount he asked me can I handle that monthly payment. Of course at the time I was happy to just pay $340/mo. Now the weird part is then he asked me how long do I want to be on the plan- I'm not sure why I told him 4 years, was probably just thinking to myself it's better than 5 years and maybe I can pay less since it's longer than 3 years. He then said ok, he will make this plan for 4 years at the $340/mo. We went onto other business but it was stuck in the back of my head, this 4 year plan, so I asked him more about it before I left. I asked him what if i changed it to 5 years, will my payments go down. He said yes, but woudln't recommend it since that's one more year where they'll take my tax returns. I then asked about the 3 years and he calculated the payment and it came out to four hundred something, which is what I would expect, but that was too much for me. I'm not sure if i'm explaining this clearly, but doesn't this sound kind of odd? I understand why the payments would go up or down if I change the years i'm on the plan, but how did it that $340/mo fit perfectly into my requested 4 year plan? If I told him 3 years first, would it still be $340? I'm thinking maybe he was just preparing this in a way where there would be less trouble of this thing going through, which would mean less problems for him. I would understand that but I would hope the lawyer was thinking about my problems and would try to suggest ways to make it easier on me.
        Chapter 13 filed -- June 16 2006

        Creditor Meeting-- July 13 2006

        Comment


          #5
          Just remember, this is not the time to "be a hero" on your expenses. Make sure you remember the little things--batteries for the smoke detectors every 6 months, etc. Also, a little pre-BK planning would be to keep something like the internet in your plan and then cancel down the road if money gets too tight under the plan.

          His comment about tax refunds is a bunch of BS. You should adjust your withholding to make sure you are not getting a refund and not having to pay the IRS.

          I'm not quite understanding his reasoning for a 4 year plan--or having a choice for that matter. Under Ch 13, ALL of your disposable income is supposed to go towards the plan if you are over the median income. So, $340 x 60 months = $20,400 over the life of a plan. To take that down to 4 years would be $425 a month, which you obviously shouldn't have since you've already said that all of your disposable income is $340.

          You're paying him good money to figure this out--make sure he explains all of the details to you since you are the one ultimately responsible for your paperwork.
          *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

          My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

          Comment


            #6
            Originally posted by anonymuse
            I'm not quite understanding his reasoning for a 4 year plan--or having a choice for that matter. Under Ch 13, ALL of your disposable income is supposed to go towards the plan if you are over the median income. So, $340 x 60 months = $20,400 over the life of a plan. To take that down to 4 years would be $425 a month, which you obviously shouldn't have since you've already said that all of your disposable income is $340.
            .
            This is the part I didn't understand either. Why isn't the $340 spread over 3 or 5 years instead of 4. I'm thinking after going through my papers, the lawyer figured because of my bare expenses (he added on some according the minimum allowed for some categories) my case would fly through with no objections, so he opted for that instead of trying to suggest ways to make it easier on me.

            Comment

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