Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Payment went up another 721.00 three years into chapter 13

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Payment went up another 721.00 three years into chapter 13

    Back in April I received notice my payments are to go up $721 (this would be third time) Our payments are already $2392.00 a month. That would be $3113.00 monthly. Our take home pay is $4000 so we would be left $890 a month for a family of 8 to live on. We have been struggling with just the $2392. I called my lawyer and he tells me to not worry...file a modification...which I been trying but my lawyer is a quack and keeps messing it up. Now when I went to check online at my chapter 13 case is says I am delinquent $2163.00 which is 3 months behind. WTH? We have payroll deduction but I guess this last increase was self pay. Does this even seem right? Can they dismiss our case since delinquent?

  • #2
    I read your other posts and it appears that you are paying mortgage and car loan arrears. If your payment keeps going up, I am guessing it is because either you had a step plan to make the earlier payments easier or their was an increase in your regular monthly mortgage payment and the increase in the plan payment is to cover it. But, if that guess is correct, there would be no room to modify the plan without surrendering your home.

    When you check your case online, does it show how much is left to pay on the arrears claims?

    It is odd that there was a plan increase, but your withholding didn't increase. You do need to talk to your attorney and understand the reason for the increase and what you can do about the delinquency. Your case can be dismissed for a delinquency, but it won't just happen out of the blue. The trustee would file a motion to dismiss and you would have an opportunity to oppose the motion.

    I suggest you make an appointment to meet with your attorney so he can explain what is going on and your options.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


    • #3
      I concur that you should schedule a sit-down appointment with your attorney and review just where you are in the case. It reads to me that you simply may not be able to afford the home. I remember when my payment went over $5,000/month and I decided to convert to Chapter 7 and be done. My case was interesting because I was able to get a modification, without the need for a trial period, after to conversion to Chapter 7 and my payments dropped back down below $3,000/month. I was ready and willing to just let the home go because, at $5,000/month, even though I could "technically" afford the home (it was 30% of my salary), I would want much more house if I were paying that -- and I didn't want "much more house" than that.

      If the modification doesn't work you'll need to arrive at a conclusion which may include surrendering the home. While you do have a large family and finding accommodations for a family that size may be tough (at least in some places), the reality may be that your current home and accommodations are just not affordable.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

      Comment


      • #4
        Thanks for your input. My lawyer is so hard to get a hold of. Takes about 20 phone calls before he calls me back. He told me increase was because my mortgage went up but i called my bank and they said it went up $17 a month. Looks like the payments I have been making would have not fulfilled my arrears (that's my opinion by what I keep adding up since I can't get a hold of anybody yet) so they added the $721 to make sure its paid in full. I just don't understand why they just caught this 36 payments in....
        the modification I am trying on my own but my lawyer has to give permission and he sent it to wrong bank...then he put the wrong company names on the letter....he's horrible! The lady I talked to at my mortgage company was very helpful...she said IF I get the modification approved then it might help since the arrears would be wiped away.

        Comment


        • #5
          Your plan should outline any step up in payments amount -- did you review the plan document?

          Comment

          Unconfigured Ad Widget

          Collapse
          Working...
          X