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Can’t handle this

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    Can’t handle this

    I am looking at a 3 year plan and don’t have enough to live. No one cares at the bk office nor the trustee. The para at the lawyers office returns maybe half my emails and responds with incorrect information when she does. I’ve tried other lawyers and they are worse than this one. WTF am I going to do?

    this is the absolute worst thing. How do the rest of you suspend your disbelief over 5 years? This is literally, being on a dole. A dole from a person who has zero regard for your life and well being.

    I am literally dead dead inside already. I hate this.

    #2
    Whether a Chapter 13 bankruptcy provides enough living expense, is usually directly related to property that the debtor is trying to keep/save. Not every Chapter 13 is affordable. When I filed, I tried to keep an investment home and I had no money left each week trying to feed my family and pay my $7,000/month Chapter 13 payment. That was on me because I tried to save property and I had to dig into my food, clothing, and necessities allowances to deal with that fact.

    Everything changed when I gave up the investment property! I then had a few hundred dollars to save each month and it seemed like every month presented its challenges. That's because life happens while a Chapter 13 is pretty rigid (although you can modify a Chapter 13).

    The bottom line is that a Chapter 13 is not for everyone. There are some debtors that just can't or refuses to budget, and those debtors will never make it. Any person that has fixed income with variable expenses, will also not survive a Chapter 13 bankruptcy. Don't despair, as over 70% of Chapter 13s don't end with a discharge... which is telling in and of itself.

    Chapter 13 is a chance to save and keep property. Some people are unable to file Chapter 7 and must file a Chapter 13 if they want a voluntary bankruptcy. This is because the calculations show that they can "afford" to pay something to the unsecured creditors. This is all based on the IRS Financial Collection Standards. Those IRS standards are not that generous but they aren't that stringent either.

    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


    I am not an attorney. Any advice provided is not legal advice.

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      #3
      I agree with justbroke while a Chap 13 is hard it's not for everyone. My payments are doable but very high $2704.01 for the next few months and going down to $2448 in June for the duration of my Chap 13. I've got a little over 3 years to go. I wanted to keep my home and had no choice but to keep the high end vehicle (no cramdown). It's not easy but I know this too shall pass. Hang in there, try to get the payments as low as possible. I think the IRS need to update their Standards but that's because I'm in a high paying Chap 13. Best of luck to you, trust me no one wants to file a Chap 13 some of us just don't have a choice!

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        #4
        I'm in a Chapter 13, and can only save between $100-500 per month depending on how my month at work was, commission etc. You WILL find out very quickly how much money you spend on flat out bull crap. Example, I used to spend $350 per month on Beer, yeah, Beer! Now I just buy a bottle of Evan Williams Bourbon ($16 per handle) per week. Small things, it's the things you don't even think about that save you $$$$.

        Good luck, and get a good Attorney, even if you need to delay filing. My Attorney and his Paralegal have over 1,000 Bankruptcies under their belt! Experience is everything!

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          #5
          I completed my 13 in 2014. A 5 year plan that forced me to look at how to survive on the limits that were placed on us by the court. I was extremely fortunate that our attorney was aggressive and thorough when laying out the groundwork for our successful 13 and this was done before I joined this forum and read some of the horror stories that others have experienced while filing and in the plan. I took advantage of the opportunity to fix my financial dilemma and made lifestyle changes that I continue to practice. As before mentioned, it's not for everyone but if you are willing to make some temporary sacrifices to make it to the end, which in reality aren't sacrifices at all if you can do without, I assure you that you will not regret it. And when you complete the plan never forget how you got there in the first place and life, from a financial standpoint, will be a much smoother road. Two years post discharge and was able to refinance a high interest mortgage to one with a shorter term and lower payment. Credit scores in the low 800's. We don't live on credit and if we can't pay cash we either not make the purchase or save until we have enough. Out from under crushing debt we are now retired with comfortable pensions that allow us to do more and save more now than ever before, even though we still have a mortgage. I post this to give some encouragement as it isn't a walk in the park but definitely worth it. If it were easy there would be no such word as dismissal in any Chapter 13.

          Best of Luck!
          Filed 11/10/08

          Discharged 2/18/14

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            #6
            Sorry I just saw your post....
            I am almost two years into my Chapter 13 plan. Things are going well.
            Getting started, then a snafu of the Trustee meeting was the most nerve-wracking experience of my life. About 2 months after filing, I wrote my attorney, asking to have my case dismissed!!!!
            I want to echo everyone else here: "HANG IN THERE!!!"

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