0% unsecured

[sarakay5]

We are just across the river from St. Louis, in Madison Co.

I'm not sure if audits are standard around here or not. Our lawyer just advised us to keep very organized records to make the process less stressful. It only took 1 week to hear from them that everything was good. It may have been because at the time of filing my husband was laid off and only had unemployment. We knew that would change soon and our income would go up.

During the first 8 months of our plan I also had a 6.5% raise. I highlighted this on my paystub to make sure they saw everything and nothing was said at all.

Another weird part of our bk is that the trustee has already sent us a refund from overpayment. It took them three months to get the court documents and wage orders in for our first drop in payment so the trustee refunded all that was overpaid in those months.

[tylermom]

Okay after panicking a little bit I realized the plan our attorney intends to propose is for us to pay $130.00 per month for 60 mo. which would be $7,800.00. The trustee would get 10% and the attorney would get roughly $1,200.00 and the rest would go to our unsecured debt ($44,000). The way I figure it that would mean the cc companies would get about 13%. We are over the median income but have alot of secured debt is the reason we are filing a 13. Kinda ironic how we are filing a 13 and the cc companies will get 13%. LOL. But who knows until we actually go to the 341 mtg, anything is possible.

[cubfan300]

SaraKay,
I too am in Madison County. I assume that since you said the new trustee, that the old was one that retired due to medical reasons. He did fight us tooth and nail on every little thing, but we were never audited. This process has been trying even at its best, but we keep hangin' in there.
Good Luck!
Cubfan300

[southerncomfort]

I'm in a 0% plan as well. My car was paid back first (secured), then 3 different student loans (priority) and then 0% toward the unsecured creditors. My house is paid for outside of the BR and was never included in the plan.

We are also FAR above the median income of our state.

[donmas]

Might be a stupid question but here goes....What happens if you get a new job making more money after your plan is confirmed and you don't report it to the trustee?

[lrprn]

Might be a stupid question but here goes....What happens if you get a new job making more money after your plan is confirmed and you don't report it to the trustee?

Depends on how much the increase is for and how your trustee treats income increases during Ch 13.

Even if you don't tell right away, when your lawyer sends your trustee copies your income taxes for the year of the increase, your trustee will see the higher income then.

If the income increase is big enough (usually 10% or more at once), the most likely thing to happen is that your trustee will go back to court to get your payments increased because you probably now have more disposable income. The worst case scenario is that a very hard-nosed trustee could use it as grounds to dismiss your case - a very bad thing.

Your lawyer can give you an idea about what needs to be reported immediately to your trustee and what doesn't.

[donmas]

I'm new to all this, what happens when your case is dismissed?

[lrprn]

I'm new to all this, what happens when your case is dismissed?

If your trustee dismisses your Ch 13, you owe all your debts again. In most cases, after six months you can file again.

Dismiss is very different than discharge. Discharge means you've completed your Ch 13 successfully and all your debts are wiped out.