New Job, getting readdy to file chapter 13, less than six months of pay checks

[blizzard07]

Hi,

I appreciate the help on this. I tried searching, but did not find a match.

I have been unemployed for a couple of years and unemployment ran out nine months ago. No income for about six months.

Started a new job with a $70K salary on Septembe 9 2010. I am getting ready to file Chapter 13 and I am well under means and received four paychecks. but equalling under 60-days total. This is a full-time permanent job.

Will only having just under 60-days of pay cause any challenges?
If so, how should I handle?

Thanks a ton for this awesome board !!!

[Pandora]

I was just reading your previous posts to determine background in your situation to see if anything else was provided... and I'm very confused. In your previous postings you said you were already IN a Ch. 13 as of Jan 2009, with confirmation set in Nov 09 - then also stated in April 2010 you were paying into your CH. 13 plan. ???

Are you in a 13 already?

[blizzard07]

I am sorry for the confusion. My wife was in a Chapter 13 that started January 2009 and was dismissed May 12, 2010, it was an individual and she was self employed, I asked the questions for her. The company fell apart, closed and then led to the dimissal.

I am now back to work and fully employed with a good stable job. Starting over again. We are now filing joint, using my income and she is not going back to work. She will be a full-time stay at home mother. Especially since I will now be travelling with my job.

[Pandora]

Ah... okay. Yeah was a little confusing

I know you stated your wife filed CH. 7 in 2004 so I'm providing this info below for you so you can see if you're eligible:


"- If you filed and received a discharge in a prior chapter 7 case, you are eligible to file a chapter 13 case. There is no waiting period. However, if you file the chapter 13 case within 4 years of the date you filed the prior chapter 7, you will not receive a discharge in the chapter 13. Thus, you could use the chapter 13 to catch up on mortgage arrears and save your house, but the chapter 13 won't ultimately discharge any debt obligation, including credit cards."

[Pandora]

Sheesh! Stupid internet... Sorry - didnt answer your org. question - got locked out by my ISP.

I know when we filed my husband was on UI and had received severance pay, but he wasnt working. He didnt get a job until April timeframe -so the lawyer used the UI and severance as the lookback however trustee required actual pay stubs from a job. Hubby began new job in April but because the trustee wanted 2 months of pay stubs, our confirmation hearing kept getting pushed out further so he could determine our payback.

I think that may be what happens to you in your case. They will look back however trustee will more than likely wait until you have X months of stubs from your current job. You mention you're "well under the means" - but you may want to look at NY states median for your family size to ensure that is correct.