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    3rd time posting same question w/o response

    This is my 3/4 time posting this questions just wondering why no one will answer?

    Will my payment change if get a part time job before confirmation hearing? I filed Ch 13 on 6/21/07 & creditors meeting was on 7/16/07. I work full time & normally work a part time job also, but 4 months prior to filing I didn't have a part time job, now I have a job offer & I was wondering if I take it before my confirmation would it make our payments increase?

    #2
    It is all going to depend on your trustee and the rules in your district. In my district after the 341 meeting the trustee doesn't seem to care if you get an increase in income as long as your payments keep coming. This is really a question for your lawyer, he/she should have more experiance with your trustee.

    Good luck.
    Filed Chapter 13: 3/12/07
    Confirmed 5/14/07
    Last day from Claims 7/10/07
    Trying to stay under the radar

    Comment


      #3
      Thanks for the reply.

      Comment


        #4
        If your in a chapter 13 and you get a "wind-fall, lottery win, or a second job that pays more than 10% increase of what you now make, you must report it to the Trustee......

        Any substantial increase in income must be reported to the Trustee........

        Yeah, I now, it's a "catch 22"...... your doomed if you work and your doomed if you don't........

        Especally in a Chapter 13, all they see is extra income to give the creditors.....

        Something to discuss with your attorney.....
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          It won't matter whether you take it before or after confirmation.

          But as others have said, what will specifically happen in your case depends on your district and trustee. But generally speaking, an increase of more than 10% in income will probably need to be reported to the trustee (if you don't report it, odds are the trustee will find out about it from seeing your tax returns).

          This is really a question for your attorney (that is probably why you haven't had many responses, because frankly, we can't really answer the question with any degree of certainty).

          Comment


            #6
            Our attorney has told us that if there is no interruption of our payments and we "lay low" that our Trustee won't become suspicious.

            I do have a memo to the file that I did contact my attorney when our income increased last year. It pays to CYA.

            jane
            Filed: 2/24/2006
            341 mtg: 4/4/2006:angel:
            Discharged: 9/25/08!!!!!:yahoo::yahoo::yahoo::yahoo::yahoo:

            Comment


              #7
              in my location (SW OH)

              I took the financial class from the trustee and he did advise that if you get a windfall of funds that they do want to know, they are going to get some of it and it DOES NOT come off of your plan. Same thing w/tax refunds (if they take them from you). It is not credited off your plan- it is merely extra funds for your creditors. My case is not confirmed and they are objecting to the proposed plan. I too am contemplating additional job for income as I can't swing the amount they are proposing me to pay! Even more funny, is that in the class they recommend budgeting 5-10% of your income for emergency. Given that they want me to give them 1/3 of my pay for the plan and that my mtg payment (not in plan) utilities, gas, food, RX's, etc will pretty much take up the rest- there will be no 5-10%. Heck, I don't think I will have enough and I don't know what I'm going to do. Hopefully, someone will advise me on my ? out there so I can see if the attorney's plan is going to help me or hurt me even more.... Good luck to you.

              Comment


                #8
                Christine? What is your amount of debt and what payment did they proposed. My atty tells me if I end up going with a 13, that I will only pay about 10% of my total debt....

                Comment


                  #9
                  Thanks for the replies everyone. At this point if my plan isn't objected on the confirmation & the payment that my atty figured out stays the same we will be all right & will be able to mange, but only the necessities, not anything extra. So I really need an extra job for all the extra's. My daughter will be graduating this year & that in itself is a big expense & then I have a son who is in junior high who seems to need a new pair of shoes every month lol. That is why I would like to have a part time job just for all those extras that we can't squeeze out of paychecks. Thanks everyone.

                  Comment


                    #10
                    CityGirl- They are proposing that I pay 91% of my debt back. The atty proposed 40% (which was a pmt of $400 monthly) and they deemed that the plan was not proposed in "good faith". They came back with a payment of $729 and after the trustee & atty's cuts are factored in, it's $830 per month. The thing is that this leaves me w/next to nothing in the budget to live on after housing exp are out. You must be a lucky duck to be getting 10%! I hope you don't end up w/these types of surprises that I am getting.

                    Comment


                      #11
                      Missem- my girl graduated last year and all of that "senior year expense" really did a number on me. I wouldn't say it is the reason why I'm in BK now, but it sure did help contribute. Good luck to you.

                      Comment


                        #12
                        but what is your total debt and total income? This is what I'm trying to figure out...

                        Originally posted by Christine View Post
                        CityGirl- They are proposing that I pay 91% of my debt back. The atty proposed 40% (which was a pmt of $400 monthly) and they deemed that the plan was not proposed in "good faith". They came back with a payment of $729 and after the trustee & atty's cuts are factored in, it's $830 per month. The thing is that this leaves me w/next to nothing in the budget to live on after housing exp are out. You must be a lucky duck to be getting 10%! I hope you don't end up w/these types of surprises that I am getting.

                        Comment


                          #13
                          Originally posted by CityGirl View Post
                          but what is your total debt and total income? This is what I'm trying to figure out...
                          City we've tried explaining this to you many times. It's not about income and debt.

                          It's about DISPOSABLE INCOME to debt ratio.

                          What's left over after you budget for your costs to live monthly, compared to how much you owe.

                          While people do discuss a lot of personal information here,......... I doubt many folks will say, "I make $ABC/year and owe $XYZ in debts."

                          Honestly, you've asked Christine, and others, the same question several times. You're not getting an answer. That should tell you the information you're asking is just too personal to tell.
                          Filed Ch 7 - 09/06
                          Discharged - 12/2006
                          Officially Declared No Asset - 03/2007
                          Closed - 04/2007

                          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                          Comment


                            #14
                            CityGirl,

                            Even if you knew the income and the debt, it is worthless info for you. You live in New York, we live in various parts of the country, all with different costs of living. You are a single person, many of us have families, therefore our monthly expenses are very different.

                            Run the means test, prepare Sch I & J. That's gonna be as close to a calculation of your monthly payment that you're gonna be able to get.
                            I used to have a life, now I have grandkids.

                            Comment


                              #15
                              City Girl, FYI....my brothers 13
                              income = 85,000
                              total debt 85,000 unsecured
                              total claims filed approx. 30,000
                              payments 800.00/month for 60 months (disposable income is actually calculated as 1200, but he is 100% payback at 6% interest plus attorney fees of 2500 and trustee fees of 10% per month and that adds up to 800 per month....he may finish 6 months early due to them taking his last tax return) hope that helps give you an idea.
                              Chapter 7 Pro Se....Discharged Feb. 2006

                              Comment

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