Court Tommorrow Everything is Messed Up?!

[dovette7]

Court tommorrow in front of judge to see if she will confirm our proposed plan. There are some issues that could make a diffrence but it may be too late. Help me out here.

Our proposed plan payment is paying unsecureds 18% or so. My husband is in negotiations with a company and if things go right with this position, we could be at 100% plan payment. I emailed attorney 2 days ago to see if she would get with trustee to see if we could get hearing postponed b/c of this development. Never heard back. Finally today, I talked with her. It was too late to speak with Trustee so here are our options per her.

1. She said she would speak with trustee in the morning to see if he would reset, however since it has been reset 2 times and that's the norm, that it was unlikely. She said he may do a 10 day status....meaning that instead of a hearing, he would give us 10 days to amend plan to what he wants.....if not then case would be dismissed.

or

2. Continue with hearing as planned, could go in our favor and if so, if husband gets new job, we amend plan then......Or judge could side with trustee's payment. If that happens attorney said we would have to make the decision tommorrow..... that payment would start tommorrow at the higher payment (which we could not do unless he got this job) and it would be prorated for this month. If we do not decide to go along with that payment, our case will be dismissed.

Does anyone have experience with judge deciding payments...how long you have to decide? Previously in a private message, I was told that I would have 45 days after judge decision to amend plan. Attorney said no time.


AAAAAAAAAAHHHHHHHH. I am really trying not to have a brain split here.
Another question:

Our vehicles are being paid through plan. If case dismissed, how do we work with the auto lenders? Do they want everything from since we filed or will they possibly work out something from this point?






Please pray for us again. Tommorrow I guess is the day.

[CindyLou]

Some trustees do not make you increase your payment if you get a better job. I would say NOTHING about it. Its only a possibiity at this point. Get the plan confirmed as is and then go from there. You should not open up that can of worms!!!!

[CATCHMEIFYOUCAN]

When I was in Ch13 .. my proposed payment plan was $250, the Trustee objected as he saw I could pay $800 (referring to my real budget from schedules I and J) .. I was sent to the judge to decide .. the judge ordered that I had 15 days to submit another plan .. I ended up quitting one job and converting my case to Ch7

Best of Luck, CMIYC

[Minnymouth]

Since at the present time you DO NOT HAVE THE JOB YET, you need to keep your plan as is or what the judge will confirm for right now.

If then you have a income change, then you need to notify the Trustee of the new income.....

Let us know when you get back from the hearing what happens.....

[dovette7]

Went to court. Attorney explained to trustee about job. We will know this week about the job for sure. Trustee postponed until August 16...final day. Either we will have new job, amend plan accordingly and get trustee approval prior to that or we will go to court in August on plan as is to see judge.

Maybe we are making this harder than we should but my thought process is:
1. If husband gets this job, we would be at 100% payback therefore any additional income we would be able to keep. This opportunity appeared suddenly and the earning potential could be really large. If we are in 100% payback, we could start saving and at least feeling like we are moving forward even in the bankruptcy instead of waiting 5 years to better ourselves. At anything under 100% payback, our trustee wants ANY additional income reported, all tax returns for 5 years, etc.
Being at 100% would rid all objections.
2. If he does not get job, we go in front of judge.

So basically they are giving us time to see if we can work it out. Hopefully it isn't the wrong move, and I feel like it is the right way to go.

Attorney, Trustee, and us are all tired of each other and ready to get this over with. But we are trying everything we can to do all we can.

[HHM]

I guess I missed something in your posts, what is wrong with your current plan that the trustee won't approve?

Usually, if you have a new job on the horizon, that is something you don't want to tell the trustee to keep you out of having to get into a 100% payback.

[dovette7]

We are high income filers. B22 says we should be $1823 to unsecured creditors a month. Our proposed plan is paying $470 to unsecureds. The $1823 per month X 60 is "pool of funds" available to pay unsecured creditors over the life of the plan. Trustee objection is we will not be paying what b22 says pool of funds should be so therefore dismiss. We have tried revising budget to get closer, but we are WAY off and he wants Judge to decide whether to use B22 OR Scheduales I/J OR what?? to confirm payment. Law is cloudy here and in our district, if you are over median income, b22 has determined payment. Ours would be test case for judge opinion.

Attorney tried again to get trustee to confirm today, but he said no. Judge must decide. So there was a risk of judge confirming our way....or siding with trustee and then our case would've had to be dismissed because we could not pay that amount at this time.

However, if job comes through, we could pay it. B22 amount is almost a 100% plan anyway. We are just getting an additional month to see if we can come up with more...new job etc. If not, judge decides.
I just didn't see how it would hurt to have it postponed.