Big Time Desperate-need Advice Asap

[Christine]

I filed CH13 BK in June w/very reputable atty because I was tired of robbing Pete to pay Paul and sinking fast-also upside down about $400 a month so having to keep charging to live getting deeper and deeper in debt and not able to dig out. Long story short, the atty missed the fact that because the means test looks back at the last 6 months of income and I received a $4K bonus (gross-not net) in March, it skewed my income to appear that I made $666 (nice #- huh? Oh the irony...)more every month than what I truly make and can expect annually. I am likely to not get a bonus next year and if I do, it will likely be less than this years. Because of this issue, the trustee has advised objection of plan and wants me to pay back more than 90% of my debt and the monthly payment is more than double what the attorney proposed- which of course is being objected to as "not being submitted in good faith". Unfortunately, I can't afford the payment amount proposed (which is why I filed to begin with!). The BK payment is only about $200 less than what I was shelling out monthly and I will still be upside down... Now- here's the real thing that I truly need advice on-The atty said that what I will have to do is allow the plan as proposed by trustee to be confirmed with the more than double payment amount, pay it for a little while to get outside of the 6 month window of the month I received bonus and then we file for dismissal and then we will have to re-file after that. He will pay the refiling charge since he didn't catch it, but I may have to take the Consumer Credit course over again ($50 more dollars that I don't have...). I have HUGE concerns about this. #1- Can the judge refuse the dismissal? #2- Is there a period of time that I have to wait from the time it would get dismissed to the time it can be re-filed??? #3- Is there any guarantee that re-filing so that the 6 months of income being reviewed not showing the bonus figure will make me have a lesser payment than what they are proposing now??? I am terrified over this whole mess. He said I could dismiss the whole case and go back to where I was, which if I were to do so - would have me 90 days delq on my payments now with my creditors... I am frantic and appreciate any advice anyone can give. Thank You. Christine

[CATCHMEIFYOUCAN]

I HOPE THIS HELPS !
CatchMeIfYouCan (I grabbed excerpts from google searching the question for ya!)

http://www.atlantalegalaid.org/bankruptcy.htm

http://www.debtwipeout.com/bk-QandA.htm

21. How often can I file a Bankruptcy?
Chapter 7 bankruptcy allows 1 discharge every 8 years. Chapter 13 Bankruptcy lets you file as often as needed, if filed in good faith and 70% of unsecured debts were paid in a previously discharged Chapter 13.

http://public.findlaw.com/mboards/[email protected]%[email protected]/1702

wanting to dismiss 1st ch.13 and refile
We need to have our first ch.13 dismissed and file again. How long do you have to wait after dismissing the first one? We have been paying on it for 2 1/2 yrs out of 5. Thanks
---------------------------------------------------------------Eric Southward - 07:27pm Mar 30, 2004 (732.1 1553/2054)
reply to dismissal of ch 13
It depends upon why you need to dismiss your ch. 13. If it's because a creditor filed a Motion to Lift the bankruptcy protection on your house, then you need to wait 180 days. Otherwise, generally, you can dismiss your case one day and re-file the next. Check with a local attorney. The rules governing this are under Title 11 Sect. 109

[Christine]

Thank you so much!

I feel a lot better now. After the attorney's "oops", I was very fearful that this would be an issue to re-file. Especially when the objection to confirmation advised "not filed in good faith". What a NIGHTMARE. I suppose that in the interim, if a creditor objects (which I doubt that they would on a 91% plan- but who knows... I didn't see the problems I'm having now coming either...), then it could mess up being able to dismiss and refile- but hopefully it will all play out okay. Thank you again so much for the help.

Christine

[CityGirl]

Christine,
how much is your debt/income?

[Christine]

Hi CityGirl. Gross or Net & w/bonus or w/out? Apparently the last 6 mo lookback showed my $4K bonus (gross) & that's apparently what makes me look like I gross $4400 per month. I got $5K bonus the yr before, but that was the first yr w/a bonus & it's unlikely I will get one next year. Hard to say as it has to do w/the co profits. etc- but I can't see how they can assume it will be there. I know I can't. My normal monthly gross is $3785 per month and the net is $2644 monthly (of course I realize they don't care about net...). My debt is $48050.00.

[CityGirl]

Hi Christine,
you're very similar to me then....
My income varies though. One month I made 6K and another 3k..