We are worried, our payments have risen three times

[adargie]

This worries me, we have about a year and half to go, our payment has risen 3 times since the beginning due to my husbands income going up, he works on commission so we never know what hes bringing home. Our payment right now is 1650, the past 2 months his incme has been less and we are struggling just to make normal payments. I went with the first lawyer we saw and wonder if I am getting taken! Ugh But with the end so near I don't want to roick the boat and have them demand more from us like in the past

[AngelinaCat]

Hi adargie:

I moved your post from the back end of that old thread into a new thread of its own where it is more likely to be seen and responded to.

[justbroke]

I don't think that you were taken. Chapter 13s, as you know, is a Reorganization of the Debtor. You file a plan and then pay administrative expensive, attorney fees, and adequate protection. On top of that you either pay 100% of the allowed unsecured claims, or you surrender, to the Trustee, all your disposable income (DMI).

The problem is the DMI part. A Chapter 13 really requires "regular" income, and it even says so in the code. In fact, it's defined as follows;

11 USC 101(30)

The term “individual with regular income” means individual whose income is sufficiently stable and regular to enable such individual to make payments under a plan under chapter 13 of this title, other than a stockbroker or a commodity broker.

If your income is irregular, it's not going to be fun at all. (Not that being in a Chapter is anything but a serious matter... but irregular income will cause issues.)

There's nothing you can do about it when your income is irregular except, when you have the high points, save the money and then give it to the Trustee... which is technically what you're supposed to do. (Hence, all "disposable" income is surrendered to the custody and control of the Trustee.)

I know what I write doesn't help you, but I hope it helps you understand the underlying issue.