Filed a Skeletal 13…..auto loan auto-debit cancelled

[inOverMy]

So I was here 6 months ago and we are finally filing! My attorney wanted us to get a truck, since we had >250k miles on my husband’s truck and use our expected 2024 tax refund on appropriate expenses before filing. We stopped paying our loans and credit cards upon advice from attorney in mid Nov/Dec 2024. Lawsuit from one aggressive loan creditor (BHG) filed in May and served May 7. Was supposed to file 5/30/2025 by my attorney did not have everything together, so she filed a skeletal Chapter 13. We go back in 5 days to file the real deal. Scared but ready to get this show on the road!!

This morning the new truck loan holder cancelled my auto debit payment, which makes sense as it will be paid by the trustee (60-month loan, fits in the 60 month plan). The next payment is due 6/14. I don’t want to miss a single payment because we need this vehicle. The 314 meeting would not likely have happened by the 14th. Shall I send a check? I don’t have online access anymore to pay online.

We are still scared, of course. In perfect timing, our central air conditioning went out the day we filed the skeletal. It’s VERY hot here in N. Cal (currently triple digits) and we will not have 15k $ or credit to replace it. We bought a couple of portable units from Costco and borrowed a couple of others. Is this a sign of things to come? So scary

[Carmella]

When you say the attorney filed a skeletal Chapter 13 does that mean it's filed and there is stay on debt collection/that no one can demand you make payments or seek action against you?

If the stay is in place then you wouldn't have to worry about it.

Call your attorney's office and ask if you should make a payment or not that's the way to get the best answer. You probably don't need to talk to the attorney just tell whoever answers the phone what your question is and see if they can answer or call you back with the answer.

Yes, the struggle is real. Having the portable a/c units while not the best option can get you through. BK is not the easy way out, but it's worth it in the long run. Sending good thoughts your way.

[inOverMy]

The skeletal was a temporary filing as my attorney was not ready and we were coming up on the 30-day deadline to respond to a creditor lawsuit filed. It put an automatic stay in place and gave us 14 days to complete the filing. She did complete the filing (with only a few hours to spare) and we had our 341 meeting about 10 days ago.

I have a temporary 2nd job through the summer and had been given a couple of bonuses in 2024. She and a consulting attorney built in the extra income into the plan where the months of June, July and August I have a crazy high trustee payment (close to 3k!) and then it drops by just about half from there on for the remaining 57 months. Seemed quite complicated and I had paid the first month before our 341 meeting, which the trustee seemed to like. My attorney’s math was all messed up with the 2nd job but since it worked in the creditor’s favor and not ours, the trustee accepted it.

We only have 1 secured loan (the truck that we bought end of 2024 on advice of attorney). All the rest are unsecured. We pay our mortgage and my parent-plus loan outside of the plan. According to our attorney, there is a stay in the Parent Plus Loan but it will still accrue interest, so I will at the very least pay the interest every month.

We have been getting through the summer with portable units and short bursts of the A/C before it freezes up. Our energy bill is outrageous but we live in N. Cal where temps are frequently in the 110s, so you can’t go without A/C safely. We will gimp it though and adjust the budget. Fortunately we stocked up on food in the months before BK so I can cut the grocery budget.

I feel SO much better this forum provides me hope! We are just beginning…..but for the first time in years I feel like I can breathe!!

[Carmella]

inOverMy It sounds like you have a great plan and are on your way! I am glad that extra income didn't skew your payments for 60 months.

BK was the best thing we did to get out of debt. It was such a huge relief getting it all under control!