Is this trouble in the making?

[ScaredInOhio]

[HHM]

You have several question jumbled up in that post, but I wil give it a shot.

1. You are required to make your first chapter 13 payment within 30 days of the date you file your petition. If you do not do so, your case will be dismissed. However, going forward, you can tell your attorney to amend the plan to have the money withdrawn at a different time. The trustee only cares that you make the payments each month, they don't really care when. However, the 30 day rule for the "first" payment is a hard rule and must be complied with. You may be able to finagle a couple days (i.e. checks in the mail type thing), but if you need more than a week, you will have problems. Also, I think under the new law, they are much harsher about this deadline than they used to be.
In any event, you need to call your attorney about this.

2. Chapter 13's are really not concerned with how you spend your money before you file BK. All they care about are what your ongoing expenses are going to be vs. your income so they can get the most disposable income for the chapter 13 plan.

As far as what to do, I would return the computer (if you can, the return policies on those typically suck). Chapter 13 are difficult, you will have to bit many bullets to keep up the payments. You WILL HAVE TO ADJUST YOUR LIFESTYLE.

[SinkingFast]

First,......... And I'm guessing here,.......... The reason you're in Ch 13 is because you wanted to save your home and/or car. You were in arrears on payments. Even tho your budget shows you negative each month, the only way your attny could help you keep your things is to file Ch 13.

You may have to show receipts for where the money went if things get bad. So be prepared to do that. Scrounge up your receipts, collect them together, and set them aside some place safe.

Can you possibly return the computer to get back that money??!! That would be a big help toward making your mortgage payment by the due date.

You have got to do some serious budgeting. And quickly!

Take your BK Paperwork and pull out the Schedule J that your attny filled out. That's a good place to start with your budget. Many of your numbers are there in black and white for you. Mortgage, car payment, utilities, monthly allowances for insurances and such. Those are bills that HAVE to be paid or saved for each and every month. In Ch 13, there's no wiggle room when it comes to those expenses.

If you take money from your auto insurance allowance one month to pay something else, you simply cannot get it back. When the auto insurance bill comes, you'll be short of money and cannot pay what's due.

Where you can pick up some money is shaving on your food expense. Don't buy any clothing. Don't get your hair done. Pack sack lunches for school and work to save money. Cut back your Cell phone service package to pick up a few bucks a month.

Hubby needs to be a part of this. Sounds like he's living in Lah Lah Land in his mind. If he can't come around to living within a strict budget then you may have to reconsider staying in Ch 13. But be warned,........... If you decide to convert to Ch 7, you will loose your house and what ever else (car) you were behind on when you filed.

[rrockinggramma]

OK I am sure that others will feel differently here but this is what I would do. I would start making my mortgage payment on the 1st of January and let the December payment get put into your plan. You are already in arrears on the mortgage, hence the reason for the chapter 13. Your plan payments are coming out of your paycheck and so those won't be missed. But the mortgage company must file a claim in your case to receive the arrearage. I would simply let them file the claim to include December. When the claim comes in a little higher you will know why. Course if it is 1000 $$$$ higher then you might have to object. But the mortgage company will simply put all of the arrearage into your claim and that will be paid through the chapter 13. You just filed on 12/1/06 so that is what I would do.

[TylaLPN]

Don't take this the wrong way but what was your husband thinking? You file for bankruptcy because you need help and can't pay your bills but then he goes out and buys a new computer and things. Did he think that because you have filed there was all that extra money he could spend now. It's possible he has really messed up things for you. My husband and I are in the process of filing and wouldn't dream of spending all that money of stuff when we couldn't pay our bills. He should take all that back and ask for a refund. I always tell my husband, bills come first and especially before toys. Hope it works out for you.


TylaLPN