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% Payback (it doesn't matter)

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  • #61
    Originally posted by BKchapter13 View Post
    you can claim 20000.00 personal assets for each person that is under the bankruptcy and that cannot be touched by the creditors, I think its called the trumph card, that is one of the perks under chapter 13, jewelry to collectible items and anything that comes out to that amount, we had to get an estimate from experts and submit it for a coin collection, we didnt have anything nearly close to the 20 thousand each. good luck
    Exemptions are State specific. Whether the exemption can be doubled (if the debtor and spouse are filing together) is another question of State exemptions.

    You seem to be writing about the "wild card". Please temper your exemptions amount with the name of the State in which you can claim them. Not all States have wildcards, and even those that do have one, have paltry amounts compared to the $20K you're quoting.
    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


    • #62
      BKchapter13 - I am very curious about your $20,000 "trump card" or wild card exemption in Michigan. I just filed, and we had to use federal exemptions because Michigan does not have a wild card exemption (and the federal wild card is not $20k).

      Probably off topic for this payback % sticky, but what you wrote is not lining up with what I personally experienced.

      Comment


      • #63
        Originally posted by tigergem View Post
        I worked my plan very carefully. My budgeted expenses allow me to put 10% of my income in savings and my plan allows for less than 1% repayment of the unsecured. It's a thing of beauty. A true work of art. I'm so proud.

        That is partially because I did not skip one single ANNUAL expense in my budget. And part of that 10% right now is actually going toward court fees and the cost of printing or copying and mailing stuff for my BK, amendment costs, etc and gas to the court house.
        Did your attorney help you craft this? We put all of our actual expenses in our budget too and and our attorney today kept saying we could not have things like a gym membership and our expenses were too high with just one income and we needed to add more income in.

        Does this seem right to you?
        Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

        Comment


        • #64
          Originally posted by Fallonedward View Post
          Did your attorney help you craft this? We put all of our actual expenses in our budget too and and our attorney today kept saying we could not have things like a gym membership and our expenses were too high with just one income and we needed to add more income in.

          Does this seem right to you?
          Yeah. My attorney helped me.

          (Sorry.) No. I filed pro se.

          Yeah I can see that they probably won't allow gym memberships. The trustee will probably tell you to jog around the block for free and do aerobics from tv. At least, probably mine would tell you that.

          How the heck are you supposed to "add in" income that isn't there? No that not only doesn't seem right, but it doesn't seem possible, unless you actually go out and get another job or something.

          But if your attorney is telling you that your expenses are too much for your income, then it sounds to me like you are not living within your means. If you are going to be under a Chapter 13, you really really need to get a handle on your budget and expenses. And things you take for granted, like gym memberships are going to have to go. You're going to have to learn to live more frugally to make it work.

          I work really hard to make mine work. It's not easy, but it is so worth while.

          Comment


          • #65
            If you do not want to pay back for a non exempt asset, can you choose to abandon it instead of adding it into the plan?

            Comment


            • #66
              Originally posted by Majakat View Post
              If you do not want to pay back for a non exempt asset, can you choose to abandon it instead of adding it into the plan?
              Yes.

              However, if you are currently making payments on the asset, whatever you save because you surrender the asset and no longer are making the payment *might* not be able to be used as an expense on the Means Test and Schedules. It depends on your bk district. Some districts will not allow you to claim an asset payment as an expense if you intend to surrender it when you file.

              Be sure to ask your lawyer about this.

              Of course, if your asset is paid in full, then you can surrender it to your trustee and never look back
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment


              • #67
                Yes, no secured loans but the home - just dont want to be paying back BB value for a car with 166k miles - how do jeeps retain so much value anyway!

                Speaking of which, will the trustee ever negotiate for less than BB value on vehicles?

                Comment


                • #68
                  Originally posted by justbroke View Post
                  Yes, but with some exceptions. There are some Districts, don't ask me to name them but it's only one or two, that require you to pay at least 10% (or something like that). The large majority of the Districts, a Plan can be confirmed with no payments to unsecured creditors.
                  I won't ask you to name them, but can anyone tell me whether Maryland is in one of those Districts with a minimum repayment plan percentage?

                  We could easily file Ch 7, but we want to keep the house. We are almost done with a HAMP modification on our home which will make our 1st mortgage payments doable. However, the second mortgage has defaulted, and I have been told that catching up is not even an option. The only reason that they don't foreclose is that the house is worth less than the balance on the 1st.

                  We have about $70k in unsecured debts, and if we successfully include the 2nd mortgage that will add $54k to that number. There is no way we can afford to make the payments on 10% of $124k even if it was extended to 5 years.

                  Here is a new question for you - The balance on our 1st mortgage before the modification is $291k. After the modification, capitalized interest and fees will bring it up to $314k. In order to strip off the 2nd, does the value of the house need to be below $291k or $314k? I think it will be well below $291k, but I just am really curious about how this will work.
                  Last edited by Spent; 05-09-2010, 07:37 AM. Reason: Clarify the question

                  Comment


                  • #69
                    Wish I could add to this thread, but I can hardly even understand it.
                    I admit this 13 stuff is way over my head.
                    I think I 've got the 7 down tho.

                    I understand about having to give up the investment property because you shouldn't be able to raise equity in non-primary while unsecured creditors 'suffer'. I'm going to give up my investment BUT I'll have to pay $45k in damages if I do...and that gets me more into unsecured debt.

                    I guess I'm having the most trouble with my past 6 months of income being a kazillion times higher than the next 6 months and after income....so using the old income /expenses on a means test (which I don't have to take for a 7 cuz of teh investment property, but since they use it to determine DMI in a 13....) is just mind-boggling. There really should be some kind of formula if you are going from income to exempt income but can't wait to file until the exempt income comes into play. Argh.

                    Comment


                    • #70
                      If our dmi goes up after we have had monthly payments assigned, will my monthly payments go up?

                      Comment


                      • #71
                        Originally posted by lovemybugs10 View Post
                        If our dmi goes up after we have had monthly payments assigned, will my monthly payments go up?
                        That depends on how much your DMI increases and your trustee. I am required to file an amended income and expense report if I have additional income, and the Trustee can modify my plan if he wants to based on that. (The way my confirmation order is written.) Which he probably will. He likes those nickels and dimes.

                        Comment


                        • #72
                          Well crud. It seems like I'm better off not filing and trying to work something out with my creditors.

                          Comment


                          • #73
                            Originally posted by lovemybugs10 View Post
                            Well crud. It seems like I'm better off not filing and trying to work something out with my creditors.
                            Quite honestly most trustees won't do anything if your DMI increases. Even income increases over 10% often slip by without a peep. The majority of Ch 13 trustees are happy to see your payment coming in on time every month. They are so overwhelmed with new cases and their caseloads right now that they don't have time to be peeping into everyone's income shifts.

                            If filing Ch 13 makes the most sense for you financially in the long run, don't let something like this stop you. The chances of your Ch 13 payment increasing after confirmation is very, very small.
                            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                            06/01/06 - Filed Ch 13
                            06/28/06 - 341 Meeting
                            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                            10/05/06 - Hearing to resolve 2 trustee objections
                            01/24/07 - Judge dismisses mortgage company objection
                            09/27/07 - Confirmed at last!
                            06/10/11 - Trustee confirms all payments made
                            08/10/11 - DISCHARGED !

                            10/02/11 - CASE CLOSED
                            Countdown: 60 months paid, 0 months to go

                            Comment


                            • #74
                              Originally posted by lrprn View Post
                              Quite honestly most trustees won't do anything if your DMI increases. Even income increases over 10% often slip by without a peep. The majority of Ch 13 trustees are happy to see your payment coming in on time every month. They are so overwhelmed with new cases and their caseloads right now that they don't have time to be peeping into everyone's income shifts.

                              If filing Ch 13 makes the most sense for you financially in the long run, don't let something like this stop you. The chances of your Ch 13 payment increasing after confirmation is very, very small.
                              So do you have to notify your trustee, if you receive a 3% raise? I'm just trying to figure this out, thanks
                              Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                              Comment


                              • #75
                                Originally posted by Fallonedward View Post
                                So do you have to notify your trustee, if you receive a 3% raise? I'm just trying to figure this out, thanks
                                Read your confirmation order and see what it says. Mine clearly states that if I obtain any new employment income I am required within 30 days to file an amended I & J with the court and "the Trustee may modify the Plan".

                                Comment

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