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    Stressed...please Help!

    We filed chapter 13 back in September2005 and are in a 100% payback plan we're we are paying $2220 per month. We included mortgage arrearages, mortgage payments, 2 vehicles, etc in our plan. It has been very stressful to say the least. Our cars are older and we have had nothing but problems since we filed - we had to replace the engine in the one vehicle last year and now are experiencing more engine problems....think the car is done at this point....my car has been sitting in the driveway for a month now, since I am unable to afford to have it fixed. Needless to say, we have probably put at leat $7000-$8000 into car repairs in the last two years. I have been renting a car each week for 3 weeks- which I hate to do...but, I NEED a car to drive to work. I was working 15 minutes from home, but last year my work decided that I needed to work out of the corporate office - which is 1 hour 15 minute drive each way. In the last year, my aunt passed away, my grandma had a heart attack at her funeral and passed away 2 weeks later, my son left for the Navy shortly after we filed, last January I found out that my husband was chatting with a much younger female over 200 times a month (texting/talking on cell phone-he swears it didn't go any futher than this), my cousin died from stomach cancer, my dad had to have part of his lung removed and has been having medical problems ever since, my 31 year old younger sister is awaiting a kidney transplant, etc. STRESSED!!! My husband and I have been trying to move on, but during this time I have been so devastated. I went to the doctor last January and he placed me on a medical leave from work for 5 weeks and put me on medication. I haven't been following up with the doctor in the last 3 months. Now my work decided to have mid-year performance appraisal reviews & I got rated a needs improvement. I was told that I've been thru many personal extraordinary events and they had to compensate for me while I was on medical leave. I have been with the company for 20 years and I have always been a very good employee and received very good appraisals. Now, the car problems....my husband doesn't know how he will get to work tomorrow. I don't know what I should do...he wants to see if we can get a loan for a car...I'm at a loss what to do...everything is always my fault....any advise????

    #2
    Hi Ingrak. We can help, so take a deep breath and listen to the responses coming your way. I am not the expert in chap 13 by any stretch, but here goes:

    In a Chap 13 plan, I am pretty sure you have the option to go back to the trustee and ask for a modification to your plan. Most of the time, we try to stay away from this, as it is better to fly under the radar. But, you have had some serious bad stuff happen, especially with your car and you likely need some financial relief.

    I would talk to your attorney as soon as you can, and see what can be done to lower your monthly payments to cover these items. And whatever you can do to get your family on board - remember, you are all in this together!, this will really help you emotionally at this time.

    But talk to your attorney about getting your plan payments lowered for your car issue, if only temporary relief. And stay tuned for more responses from the experts!
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

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      #3
      Welcome to BK Forum, ingrak - you've certainly had a rough time of it. So sorry to hear about your many troubles

      As Boscoe said, it is possible when there are permanent changes to either your income or expenses, your lawyer can file an amended plan. However, as stressful as all your many troubles have been, none are permanent.

      Your best option in this circumstance is to ask your lawyer to ask your trustee if you can skip a payment to make car repairs or ask the trustee if you can sell your non-functioning car and get a new (to you) more reliable car.

      In the future, if your income falls, you have significant new medical bills, you are allowed to get a new car, etc - more permanent kinds of income or expense changes - then that's when to play the amended plan card.

      Hang in there - know that you have folks here who have gone through some pretty horrible circumstances themselves and understand the stress of Ch 13 very well. Ask questions, vent as needed, share the good times that will come your way again - that's why we're here!
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        sorry to hear about all of your problems! we all have prob lems but dang thats one after another. god bless you sweetheart!

        as far as a new vehicle, i know what you are saying, we own a large landscaping firm and we cannot get a vehicle due to the bk 13, our lawyer has alot messed up on our case and of course he wont return my calls.... sorry im not much help but i been in your boat and i got a car loan threw drive, it is in dallas TX intrest is 16.9% payments are 587 a month 3 yrs 02 silverado ext cab fully loaded, so do not let anyone tell ya you cannot get a car cuz they are crazy! you can do it just ask your trustee if you can and there you go.

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