Confused...

[qwertysue]

Some of our listed expenses (items in parenthesis are what our attorney described as items within that certain expense) :

Medical (co-pays, over the counter stuff, prescriptions)
Household maintenance (cleaning supplies, paint, screens, etc)
Clothing (shoes, underwear, coats, drycleaning etc.)
Car Maintenance (oil changes, filters, windshield wipers, etc.)
Cable
Utilities (including internet access)
Charitible Donations
Cell phones
Entertainment (movies, magazine subscriptions, etc.)
Food (groceries and dining out)

Keep in mind, some of the items on the above list MAY NOT be acceptable in your district. As you'll find out, no two filings are the same. I would definitely do more than one consultation.

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[vleisme]

Our atty said he figured we would pay $125 for 40 months so we filed Ch 13 under that assumption.He has done a terrible job for us it looks like we will be paying $1180 per month for 60 months. Find a GOOD atty and check references ,if you can, we didn't and we are paying for our mistake now and for 5 more years.

[MajorMike]

OMG What was his excuse for the error???

[seanf12]

I have appointments with two attorneys tomorrow. I spoke with one of them at length today and they are definitely giving me a different picture then the one who I had originally posted about. The lawyer I spoke to today answered a lot of the questions I posted here:

- My sons tuition would not be questioned in a Chapter 13

- I will be able to keep my tax refunds year-to-year (according to the attorney since I am upside down on my mortgage by a large amount, we can claim the tax refund as a federal exemption)

- As all of you have stated here, the idea of the Ch 13 plan is to break even after all living expenses and plan payments are paid for. I have a feeling that first lawyer I posted about wasn't really paying attention to my questions

I feel a lot better knowing that I can keep my tax refunds every year, as I can at least use that as my emergency fund.


On a different note I just want to thank everyone on this board. My family and I are getting ready to take an incredibly hard journey with BK, and knowing that I can come to these boards as a source of information and hope makes things easier. :-)

I am sure you will be continuing to hear from me as we start this journey!

[woeisme]

We have $300-500 left over in our budget every month so far in our CH 13 (only been in it since Sept 07). That is because we still aren't spending nearly what the budget allowances are for things like clothing, etc., are, and I don't have to commute to work so only my husband spends much on gas, etc. We also budgeted for more medical fees than we are having right now (husband has a chronic condition, but has been in remission). Unfortunately he's had to start getting treatments again these past 2 weeks, so that big "wiggle room" that we had in our budget will be shrinking away to nothing, but luckily we have about 3K saved up already from our tax return (nice trustee let us keep it!) and monthly savings, and we were even able to afford a new computer since filing! Not that the world is rosy, we have 2 cars on their last legs, and like I said, we don't spend much at all on things like clothes or other personal items for the house, etc., but CH 13 isn't nearly as horrible as I had feared it would be.

[seanf12]

That's great to hear Woeisme. My biggest fear is getting stuck with a Ch 13 plan that essentially breaks even after all expenses. I spoke to one attorney who said that if my wife got a part-time job after are plan was confirmed (she doesn't work now), the plan would have to be amended and all of her income would to towards the plan. Another attorney I spoke with said that isn't the case...he has never a seen a plan amended (or seen a trustee ask for updated financials) after a plan has been started. Anyone had any experience with this?

[MajorMike]

Sean,
EVERY trustee is different!!! Some want your tax returns and your tax refunds every year, some don't. Your attorney would know what the trustee in your district does or doesn't do. Yes, they can ammend your plan if you have a 10% increase or more from year to year but some don't ask for it like ours and don't bother with it. Just make your plan payments on time and stay under the radar of the trustee to avoid flags.

[vleisme]

Major Mike
The atty made mistakes in the calculations and there were some other surprises that came up that were not his fault but in general he is really awful and I am still calling him to "remind" him to do things like submit the amended plan we did almost a month ago. I check PACER and know more that way then he seems to know.We are up for confirmation on 4/15 and I have a feeling our payment will be even higher once the trustee looks at the plan. All I want at this point is to get a confirmation so we don't have to deal with this atty anymore.

[yak411]

I earn roughly 5000 month and have a CHp13 payment of $500 so it is possible. I will be paying for 52 months at 14.83% I have 2 kids, 2 cars (one paid for) and a mortgage. If the calculations showed that you will owe $397 I would say that it is in that area. Run it by your attorney. Also, I can keep my tax refund from year to year.