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Why do chap 13 fail

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    Why do chap 13 fail

    Well I think I know why, my plan was not confirmed trustee objected guess he will not be happy until i only have 2 nickels to rub together. I am feeling very down I dont think I am gonna make it. Then almost everyone has claimed so the attorney said that the plan will have to go up because of this. So I replied Only have 1 secured and the car which is secured so why would plan go up cause it goes by income and not unsecured. Any help

    #2
    What was the reason giving for the objection, how much does he want the proposed plan to increase , is it a large amount?

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      #3
      He didn't say but I took a new job right before the 341 and I am making around 500 less a month so I emailed him about this too. We were ok but maybe thats why I have no money. I am on a strict budget, so not like i am spending money we slashed just about everything. I know its not suppose to be easy but I was even afraid to get my blood work cause I know their a bill to follow. My hub is so sick of hearing all this, all he says is they can't raise it, he doesn't get it and its causing arguements. Well i am sure others deal with that. The question is what if its confirmed at something that is much higher nthen what?

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        #4
        I don't understand, were you laid off from the higher paying job while you were agreeing to a payment plan with your attorney. You had no idea that you were going to lose that income before you filed? Wow, that was bad timing. How do you know that the TT's objection is based on more money
        Last edited by magic13; 05-15-2012, 07:33 PM.

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          #5
          Changed jobs to a nbetter one but lless money, was work2 job now 1, what else can he object to house i pay

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            #6
            DMI is DMI regardless of who files claims.
            Something is not adding up here.... is the plan based on the old job?

            Keep On Smilin'

            Comment


              #7
              Exactly DMI even though I knew I was gonna make less I was able to sqeeze payment. I had a job offer that i could not refuse was working 2 jobs one 3 12 hr nights and one 12 hr night this job 40 hr dayshift so thats why i took it. He said right from begin trustee usually objects first couple times well really I am not gonna sit still I want a do able plan. Oh and I mention all the standards went up and damn I want my credit. Not sure why yet but my hub has real old car that he was tryin to get us 200 a month expense. New we should have bought another car but attorney was against that. Hmm who side r they on? Thats really the only thing extra that I could think of. Need this to work.

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                #8
                No intention to hijack but doesn't the judge have final say so on a 13? Trustee had an objection on some credit card amounts owed and we showed up for the hearing (atty. not present as we later found out that it was not us but another on the credit card issue and they forgot to tell us ) but trustee rep wanted to postpone as no atty. was present for us and judge said he would deal with it anyway. Denied the objection and confirmed our plan, took less than five minutes.
                Filed 11/10/08

                Discharged 2/18/14

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                  #9
                  Just got email from attorney he says my claims were more then expected. Full of s cause my income tax fully paid they took my check so only have 2 secured and trustee and attorney. I emailed him shouldn't matter how much my unsecured are cause goes by dmi. also was reading the papers states they will allow late claims unless bankruptee disagrees I email him I will be checking pacer everyday after july 1. Wow I feel really mean right now. He probaly thinks I'm a psyco. Guess they can't bulls me. Then he says might not go up that much. I know when this is over I will pay cash I will not need credit!

                  Comment


                    #10
                    Get your attorney to work with you. How far are you into your plan? If the numbers make no sense- and frankly it sounds that way- perhaps you need to dismiss and refile with realistic numbers. Perhaps buy a car if you can before.

                    NOBODY benefits from an undo-able plan.

                    Keep On Smilin'

                    Comment


                      #11
                      Went through my pay stub actually aboutr the same money, I paid only 2 months I just had a gut feeling this was gonna happen. I guess I am gonna just put it in gods hands. I think its the car so there goes 200. I waited so long I have to move forward. I just cannot believe I barely make the week. Was trying to save in case the car does die. I calmed down the attorney probaly hates me lol. Do not want to start over. Thanks for listening.

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                        #12
                        So you are saying you don't make $500 less.

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                          #13
                          I'm actually not sure if they base on 4 week a month then yes if they base it on something different, like when their is a 5th week in a month brings my income up so I am not sure.

                          Comment


                            #14
                            Don't set yourself up for failure. Have you listed your numbers here for us yet? Are you paying only secured? Was there an additional secured you forgot about? Perhaps you need to rethink saving the house or car or whatever it is.

                            Keep On Smilin'

                            Comment


                              #15
                              Originally posted by karm43 View Post
                              I'm actually not sure if they base on 4 week a month then yes if they base it on something different, like when their is a 5th week in a month brings my income up so I am not sure.
                              Smart financial analysts will either multiple weekly earnings by 4.3 to get a monthly earning, or they'll multiple by 52 and then divide by 12.

                              Was just wondering why not in a Chapter 7? Too much DMI? (sounds like that's the problem)
                              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

                              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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