More fun than any one person should be allowed to have!

[MAL]

Well I had my 341 meeting on the 14th of Dec. Everything seemed to go fine. Just got a motion from the Chapter 13 trustee to postpone my confirmation hearing for 180 days and then a unfavorable recommendation to confirm due to the plan violating 11 USC 1325(a)(4). Apparently it doesn't pay unsecured creditors the value of what they would receive under Chapter 7.
Well No S#%T!
Under Chapter 7 I would be paying the Trustee over $900 per month for 12 months, that is why it was changed to spread it out. This is like a bad dream. I asked the court for a voluntary discharge when I was going through the Ch. 7 crap. They denied me. I guess I will let then dismiss it, cut off my phone and wait six months. This has been such BS!
Bad attorney.
My stupidity.
One thing after another.
Urggggghhhhh!

[Spartan]

Hope you don't have anything the creditors can seize or garnish....

Sorry to hear about this.

Can you hire a new attorney now?

[aa06a47]

Well I had my 341 meeting on the 14th of Dec. Everything seemed to go fine. Just got a motion from the Chapter 13 trustee to postpone my confirmation hearing for 180 days and then a unfavorable recommendation to confirm due to the plan violating 11 USC 1325(a)(4). Apparently it doesn't pay unsecured creditors the value of what they would receive under Chapter 7.
Well No S#%T!
Under Chapter 7 I would be paying the Trustee over $900 per month for 12 months, that is why it was changed to spread it out. This is like a bad dream. I asked the court for a voluntary discharge when I was going through the Ch. 7 crap. They denied me. I guess I will let then dismiss it, cut off my phone and wait six months. This has been such BS!
Bad attorney.
My stupidity.
One thing after another.
Urggggghhhhh!

Not all is lost here.....the trustee is just asking for more money per month. How much non-exempt equity do you have? If you can take that amount and divide by 60, that could be a min payment for you. If you can swing it, your attorney can make the offer and get your case confirmed. All the trustee is asking for is the amount the creditors would get in complete liquidation vs a chapter 13. So, in reality, your chapter 13 is really a chapter 7 with a payment plan to keep your non exempt equity.

Letting it get dismissed and waiting 6 months won't change anything, except perhaps the value of the non-exempt equity. If it is real estate, it could go up. If it is a car, then it might go down.

[MAL]

That's just it. The money the C7 would have got is about 12kin equity. My payment is just over two hundred, which over 60 payments is 12k. Who knows what they are thinking.

[SinkingFast]

Maybe something in your expenses on Schedule J??!!

Maybe you have the Premium package of Cable and the Court only allows for regular.

Or you make lots of long distance phone calls and the Court only wants you spending the regular phone service fee.

Maybe you spend too much, the Trustee thinks, for food. Who knows what the Trustee is looking at trimming. Could be several areas.

Are you over or under the Median?? That may have something to do with all the scrutiny you're getting.

[quietsound]

i'm doing a chapter 13 joint with my husband and in virginia when you own a house jointly and married, tenants in its entirety comes into play, that means that only the unsecured joint debts get paid and not the individual debts and they can't take the equity in the house because the marriage owns the house really. Also, we are paying back secured creditors AND joint debt at 100% and I think we will be offering those individual debts like 1% but those people can't take the equity in the house because of the way the house is deeded. Of course i don't go to my meeting until 1/22 ...it ought to be interesting.

[MAL]

Well I made a whopping $26,000 for a family of four in 2006. In this country that's considered lavious living I suppose, since I can't make over $1400 per month to get food stamps.
Had to move out of state to afford to support my family, while they stayed there. Now I know how the illegals feel. having to leave their loved ones, so they can support them.
I have been run throught the ringer and have had insult added to injury. Bad attorney, you name it. So now I find that the only money I have to pay my property taxes with (tax refund) has to go to the Trustee and it doesn't even lower my payments or shorten the time? What's the point? I thought it's suppose to feel good when your getting F*@#ed.
I have been wrangling this thing long enough (18 months, believe it or not). The original Ch. 7 I had filed was converted to a 13, because I couldn't come up with the 12 grand the Ch. 7 trustee wanted. I guess the trustee wouldn't be able to make the monthly Mercedes payment or something.
I think I'll take a chance with my creditors. At least I can negociate a payoff and not have some insensitive blood sucker trying to get the pennies off my eyes and the $1.00 a pound hot dogs from my kids mouths.
Later!

[Spartan]

You need to have your case reviewed by a competent attorney. The circumstances do not add up. We don't know the whole story here, but it doesn't seem kosher there. A family of 4 with $26,000 income, you should be able to walk away in a Ch7, in theory.

*****ing, moaning and whinning wouldn't do you any good. We understand how you feel. But the court does not work by feeling. Get your case reviewed. Consultation is free. It may be worthy to spend $1500 to save $12000. Good luck.