Well, I am far from perfect

[Scottowl]

Some here may have read some of my previous posts about my Ch 13 case. I was doing well, and making some progress.

Was is the key word now.

I have made payment #12 out of 60, which is the good news.

Bad news is there will be a 401k withdrawal of 6300$ and a gambling win of 1600$ on my tax return next year. My total plan calls for paying in 55,000 or so.

I am wondering about the likelihood of my case being dismissed. I know I violated my agreement, but does the court come down with both boots in a situation such as this?
I did ask my attorney beforehand about withdrawing 3400$ to cover last years taxes. He told me 'the trustee will not say anything about such a small amount. If it were 20000$ or so he then would'.

The amount is not close to the 20k, but it is double the amount I asked about.
FWIW, the amount i took also included withholding taxes, fed and state.

I am just wondering if anyone has experienced this in the Portland Oregon jurisdiction?
Maybe someone can offer up an opinion, or give reassurance I am not the total loser I feel like.

[Scottowl]

I guess this is an unanswerable question.
I really don't want to see a whole year+ of hard work go down the tubes because of my weakness.

The problem won't get here until after I file taxes next year, and if the trustee catches on to it.

I am way too old to start over again. I guess I am asking if every decision is by a guideline, or are other factors considered, such as age, on time payments, first time 'offenses', and such.

[justbroke]

I guess I am asking if every decision is by a guideline, or are other factors considered, such as age, on time payments, first time 'offenses', and such.

There are no guidelines other than what's in your order confirming Chapter 13 plan. Now, most judges are soft for "first time" offenses, but defer to the Trustee as to the recourse as far as the plan is concerned. That recourse could be increasing your plan payment commensurate with the additional income.

Your explanation to cover taxes may be enough for the Trustee as far as the 401(k) withdrawal.

However, gambling is bad for a Chapter 13 and a Chapter 13 Trustee is within their duty to come down hard on someone who is gambling. For the gambling, if I were your attorney, I'd say you have to stop even if you only do it occasionally.

There is just no way to tell the reaction of the Chapter 13 Trustee. I would say that you would minimally be admonished. The Trustee may want more money into the plan as the punishment -- I don't think $134/month for 12 months or $34/month for the remaining 48 months is too bad a punishment. It sends the message, but is measured. The Trustee would be within their right to demand the entire amount in a lump sum, within some reasonable period of time -- let's just say 30-90 days.

Of course this is all speculation. I have definitely not experienced this in Portland. With any luck, you're just admonished and told that any additional gambling or 401(k) withdrawals may be met with a more harsh punishment up to and including dismissal.

[Scottowl]

I can only hope that's the trustees course.
I do know I MUST set the gambling aside, even though it is easier said than done for me.
Thanks JB for the reply.

[Carmella]

I haven't been on this site for several days, just saw your post.

Scottowl I have thought about you often when I log in here, wondering how you were doing.

Don't give up the ship. I wonder if talking to the attorney would help you to come up with a plan on how to handle it. It seems like it would be better to deal with it now than later.

It's got to be hard to deal with gambling, no doubt. Hang in there. One Day at Time as they say.