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13, what is reasonable expenses?

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  • 13, what is reasonable expenses?

    and what is a usual payment?

    after the mortgage there is $500 left which I am told is "too much"

    Even tho heat is $108, water $70, this leaves- electric, phone, food and more.

    figure 787 SSD, 139 food stamps- mortgage 240. this is in PA.

    the mortgage is current but credit cards are close to a judgment.

    The idea is to not lose the house.

    Also the atty mentioned $800 to file- I see $300 is fees if I do it myself and it is not clear if the $800 is $1100.

    I am not certain I have to rush to do this.

    House worth maybe 40k- I owe 24K. But in a few years- that could shrink to under water.

    CCs 21k- and 2 others figure 28k with fees.

    PA does not attach wages- and if I am going to lose my house- then why would I fix it up and pay it off?????


    Help?
    Discharged- pro se- chapter 7~!

  • #2
    Originally posted by anykey View Post
    and what is a usual payment?
    Assuming you mean what is a usual Ch 13 payment, the answer is "there isn't one." Your Ch 13 payment is determined by the amount of disposable income you are showing on the Means Test and Schedules A-J.

    after the mortgage there is $500 left which I am told is "too much"
    The allowed mortgage amount for the Means Test is determined by county. Here's the link to the allowed housing by county by family size in Pennsylvania - http://www.usdoj.gov/ust/eo/bapcpa/2..._charts_PA.htm

    How does your mortgage compare with what's here for your county and family size?

    Even tho heat is $108, water $70, this leaves- electric, phone, food and more. figure 787 SSD, 139 food stamps- mortgage 240. this is in PA.
    Here's the link to the allowed Means Test amounts (assuming you plan to file this month before Oct 31) - http://www.usdoj.gov/ust/eo/bapcpa/2...anstesting.htm

    the mortgage is current but credit cards are close to a judgment. The idea is to not lose the house.
    What you need to look at is whether you can truly afford the house after you stop paying all the unsecured debts. If you are paying more than 35% of your total income *not* paying unsecureds for the house, then you need to take a long, hard look at what keeping your house is costing you and your family over the long run.

    Also the atty mentioned $800 to file- I see $300 is fees if I do it myself and it is not clear if the $800 is $1100.
    Only the attorney you spoke with can clarify if the filing fee is included in his/her retainer. If you've only spoken to one attorney, you really need to interview at least 2-3 more before you can have a good idea of what's going to be possible to do and what isn't.

    I am not certain I have to rush to do this.
    You haven't given us enough information to help you figure this out.
    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


    • #3
      IR- thanks. Ok- my county is $390/513

      Right now things are fine. But I am being sued by a credit card company and have 20 days to respond. (well less then 20)

      There is no judgment right now.

      I am current on my mortgage payments. The credit card is unsecured.

      The goal is to not lose my house. As an apartment would cost more then the house payment which is $240.

      I owe 24k on the house- which is worth possibly 40k. Tho I paid 32.5K for it a few years ago.

      Basically I do not want the place sold out from under me.
      Discharged- pro se- chapter 7~!

      Comment


      • #4
        AnyKey...I am also in PA. Pittsburgh area. Not sure about the wage attachment issue as my Attorney said that is the only thing the trustee is going to accept. Also, I have to put my car pmt & mortgage into the plan for the trustee to pay. I am not happy about this because neither has ever been late and I would just like to make them on my own that way at the end of the plan I know exactly where I stand.
        My attorneys office said I should receive my packet with a "rough draft" this week. I am a nervous nelly about it... I want to see what pmt amts they have come up with..
        Those who live in glass houses should not throw stones
        Chapter 13 filed 10-21-09
        Discharged 4-13-15

        Comment

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