WHY wouldn't your mortgage & both vehicles be included in 13

[CAB_44]

Hey~ I have a question here:
I am reviewing my chap 13 repayment plan, we have NOT filed yet, as there are some major questions that we have concerning our attorney stating that we will probably have a 2300.00 x 60 payback (100%)...
She has included one vehicle in the payback, we make payments on it....but we also have another vehicle that we make payments on, plus our mortgage...we are current on all of these secured debts...
Could it be that because they( 2nd car and mortgage) are not included to be paid in the plan that this is why we would be paying back 2300.x60?????
I'm so confused on this one.....HELP!!!!!!!!

[aa06a47]

Hey~ I have a question here:
I am reviewing my chap 13 repayment plan, we have NOT filed yet, as there are some major questions that we have concerning our attorney stating that we will probably have a 2300.00 x 60 payback (100%)...
She has included one vehicle in the payback, we make payments on it....but we also have another vehicle that we make payments on, plus our mortgage...we are current on all of these secured debts...
Could it be that because they( 2nd car and mortgage) are not included to be paid in the plan that this is why we would be paying back 2300.x60?????
I'm so confused on this one.....HELP!!!!!!!!

You should look on your I&J and see if the car payments and house payments are showing as an expense. It is hard to say if 2300/month is too much without additional information. It does sound kinda steep for me, but it is soley based on disposible income.

[lrprn]

Hey~ I have a question here:
I am reviewing my chap 13 repayment plan, we have NOT filed yet, as there are some major questions that we have concerning our attorney stating that we will probably have a 2300.00 x 60 payback (100%)...
She has included one vehicle in the payback, we make payments on it....but we also have another vehicle that we make payments on, plus our mortgage...we are current on all of these secured debts...
Could it be that because they( 2nd car and mortgage) are not included to be paid in the plan that this is why we would be paying back 2300.x60?????
I'm so confused on this one.....HELP!!!!!!!!

If you are making both your mortgage and second car payments outside your plan AND you are paying $2300/month to the trustee on top of that, wow....something really seems off here. If it isn't too personal, how much total monthly income do you have? And what's your total monthly expenses total?

[anonymuse]

Here's her original post on this:

http://www.bkforum.com/showthread.php?t=10143

Note that sometimes devious trustees try to push some things into the plan that can remain out of the plan (i.e. not behind on a secured laon) since they get a percentage of money going through the plan.

[CAB_44]

Here's her original post on this:

http://www.bkforum.com/showthread.php?t=10143

Note that sometimes devious trustees try to push some things into the plan that can remain out of the plan (i.e. not behind on a secured laon) since they get a percentage of money going through the plan.

WHEW~ thanks anonymuse...I didn't feel like reposting that one all over again!!!!!! LOLLOL~
Well, I have my I and J form......and they are showing one vehicle in and one OUT also mortgage is OUT~ can't figure this one out......we are current on ALL SECURED'S
We are supposed to hear from her hopefully soon....we didn't file yet~
I wondered about the devious trustees as well as attorney anonymuse~ something is just NOT right~ I'm hoping that she'll return with a call, and tell us she found the MISTAKE......but if she doesn't come up with something else, we will probably go for another opinion........

[CAB_44]

If you are making both your mortgage and second car payments outside your plan AND you are paying $2300/month to the trustee on top of that, wow....something really seems off here. If it isn't too personal, how much total monthly income do you have? And what's your total monthly expenses total?

Not too personal lrprn~
it says we have 6874. monthly income
and 4848.00 monthly expenses plus 236.00 extra monthly expenses....

[aa06a47]

That seems like a very steep payment considering family of 3 with an income of 70something thousand. I would go see another attorney. This one is missing something.

[SinkingFast]

Here's her original post on this:

http://www.bkforum.com/showthread.php?t=10143

Note that sometimes devious trustees try to push some things into the plan that can remain out of the plan (i.e. not behind on a secured laon) since they get a percentage of money going through the plan.

I vote for that!!

Attnys count on the fact that people typically don't shop their BK's around. They think they are THE only attny you will talk to. And think about it. It's a fairly safe bet.

Finances are pretty sacred topics that people typically don't discuss with just anyone. Let alone waltz all over town telling stranger after stranger your sad saga.

We Consulted with at least a dozen attnys. Out of the whole lot of them only 2 were willing to go for a Ch 7. And we're talking a family who's UNDER the Median here. If attnys wanted to push Under the Median folks into a 13, I can only imagine what Over the Median filers face!

So your attny thinks to himself, "Let's just slip that car payment into the plan and grease old Mr. Trustee's palm with a little bit of money there."

[CAB_44]

I vote for that!!

Attnys count on the fact that people typically don't shop their BK's around. They think they are THE only attny you will talk to. And think about it. It's a fairly safe bet.

Finances are pretty sacred topics that people typically don't discuss with just anyone. Let alone waltz all over town telling stranger after stranger your sad saga.

We Consulted with at least a dozen attnys. Out of the whole lot of them only 2 were willing to go for a Ch 7. And we're talking a family who's UNDER the Median here. If attnys wanted to push Under the Median folks into a 13, I can only imagine what Over the Median filers face!

So your attny thinks to himself, "Let's just slip that car payment into the plan and grease old Mr. Trustee's palm with a little bit of money there."

Yes, SF~ I can agree with what you, lrprn, and aa06 said, I see your point~
We did tell this attorney that I had been to see another one first, and that he said "to me (looking at the same exact paper we showed to her on the first visit) it looks like you shouldn't have to pay more than 35K MAX back"...
but when I came home and told husband what HE said, my hubby didn't believe that could be true....hence the reason we went somewhere else...but I will say, I only have talked with two....there are several chap 7 attorney's around town, but most say they will not do chap 13 ....so that means we have to go 70 + miles away and then go through the "pile" of attorney's... on Oklahoma City~ it's just exhausting.......
I think I will email the first attorney and see if he won't consider at least talking with us.....~ it would be worth the hourly fee, considering....but would you be afraid that he would then shist me???? hhmmmm.....
SSSOOOOO not sure what to do here......
but thanks as always SF~ and other's here too!
I got a headache~ major one ewwwwwww

[SinkingFast]

I know exactly how you feel, CAB!

Our first Consult was just down right depressing. Late one cold, winter evening. After work. Dark out. Snow and ice on the streets and side walks. We met with Porky Pig. Didn't look like him but sure sounded like him. The whole time he kept saying we could not claim this expense and that. He even squealed with glee when he proudly announced we'd ONLY have to pay $195/mo for 5 years.

Toward the end of Consults I was just dragging. Going thru the motions. Blah. Blah. Blah. We'd heard it all before.

Filing BK wears on you. Wears on your physically, mentally, and emotionally.

Just remember,........... You don't HAVE to do a thing yet. No one is suing you. You're not being threatened with a garnishment or a lien. You are not under the gun to file.

Relax. Take deep breathes. And clear your mind.

[aa06a47]

I know your feelings concerning the drag it is to look for attorneys, Living in the KC area, I at least didn't have to drive 70 miles to find one. Believe me though, it was worth it. I really didn't need to decide between a 13 or a 7, it was pretty much black and white. One attorney I consulted with told me there was no way for a 7 (I didn't ask, he just stated it).

The first attorney I saw that actually figured anything for me said 650/Month. Another attorney said 455.00/month. I went with the one that said 200/month. In the end, it was all settled for 330/month. I struggle with the 330/month payment, so I could not imagine if I went with the attorney that figured 650/month.

Good luck with your search, as SF said, you got time, your not getting sued. Most attorneys set Saturday appointments. You might be able to set up a few for Saturday.