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Chapter 13 Filed - Several New Questions

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    Chapter 13 Filed - Several New Questions

    Hi - Filed for a 13 last week and have a few new questions.

    Quick Details:

    1st and 2nd mortgage (could not strip) and two car loans outside plan.

    Two student loans inside plan, paid back at 50% over the 60 months - we'll have 50% balance to pay after the case.

    Boat repo'd and sold at auction, $20,000 deficiency balance included as unsecured.

    $100,000+ in credit card debt included in plan.

    341 is scheduled for 2/23/2011. Creditors have until 5/4/2011 to file claims.

    Questions:

    1) We just got the paperwork from the US Trustee's office. As suspected, the car loans are not listed as they are outside the plan. However, both the 1st and 2nd mortgages are listed as in the plan, at a 0% interest rate, but the payments are not part of the plan monthly payment. Is this normal? Can the bank not charge us interest while under a 13?

    2) Our current plan that we're just starting (estimated) payments on is $1950 a month, including those student loan payments. However, starting around 2/1/2011, my income will be dropping by about $7,750 per year. Do we have to wait the 6 months at the new lower income to file to modify the plan? My take home pay will be decreased by almost $200 per check bi-weekly.

    3) Our plan has an estimated $1000 income tax bill included, as that was about what we thought we'd owe. Just going over my taxes, I'll owe State $800 but receive back $700 from Federal. Now, our local trustee paperwork says that we can keep up to $1500 per return before they take anything. So if I receive the $700 from the feds, and let the plan pay the $800 priority claim to the state, will this fly? I'm sure normally it would not which is fine, but the tax bill is already in the case.

    Thank you SO much for any advice!

    #2
    71 views and no input? I'd really appreciate any experience with any of the questions. Thanks!!

    Comment


      #3
      "2) Our current plan that we're just starting (estimated) payments on is $1950 a month, including those student loan payments. However, starting around 2/1/2011, my income will be dropping by about $7,750 per year. Do we have to wait the 6 months at the new lower income to file to modify the plan? My take home pay will be decreased by almost $200 per check bi-weekly."

      Have you atty check out the Lanning judgement..... it is forward look as opposed to a backwards look... My salary went down by about $10,000.00 just after I filed and this was a Life Saver!! I hope this helps!
      Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

      Comment


        #4
        Originally posted by NYHusband View Post
        71 views and no input? I'd really appreciate any experience with any of the questions. Thanks!!
        Your questions are pretty specific to your individual situation, so they are hard to answer. You should ask your attorney, regardless of the responses you get here.

        I do agree with enginegirl that the Lanning decision should help you be able to adjust the payment now in anticipating of the lower income. It is possible that your attorney took that into account and averaged your 60 month income when coming up with the monthly payment. Does Schedule I show your exact current monthly income, or is a bit lower?

        Do you have mortgage arrears? If so, that is probably what is included in the plan at 0%. If the plan provides that you pay the mortgage directly, you would pay your regular mortgage payments that become due after you filed. If you have any doubt as to what is the first mortgage payment you should make, check with your attorney.
        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

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