Question about income

[Way Behind]

Hi,

I had a consultation with an attorney today that I really connected with. She ran some numbers for me and said that my payment would be about $2600/month (including 1st and 2nd mortgage and car pmt that she could cramdown from $383 to $200). I am keeping the house, so that would also include the pmts that are behind on the mortgage. This amount ($2600) doesn't give me much wiggle room with the rest of the budget, so she said I could take on extra income. This isnt a problem, as I only work three days per week (12hr/day). Adding an extra day or two a payperiod isnt a big deal. I'm a nurse and they always are asking for overtime.

Is this something that would be questioned by the trustee? Technically I am not guaranteed overtime and haven't typically taken advantage of it in the past. Another option is taking a second job prn at another hospital, although as prn, I wouldn't be guaranteed hours either. But, with the ongoing nursing shortage, the hours are always there.

Thanks for this site. There is so much information.

[megadebt]

I posted a similar question and the consensus seems to be that it varies from district to district. Some trustees require that you submit tax returns annually, while others never ask for them.

Our lawyer today said the same to us...we could take on extra income as the trustee in our area has never asked for tax returns or refunds. Your attorney would probably know what works in your area

[helpless]

Is your payback 100%, then it shouldn't be a problem.

[Way Behind]

No, i think she said is was 10% payback to unsecured.

[seanf12]

Are you behind on your mortgages and car payments?

[Way Behind]

No just mortgage.

[shadowb]

I am in Louisiana. My trustee requires tax returns in her office every year. Also, she has my payroll deduction set at our full amount of $2100 per month. I only make $600 a month (I am part-time). My employer is having a fit because it is causing issues in the computer and now my benefits (half my benefits) won't be payroll deducted. When I asked the attorney what the **** was going on, she said that was our plan payment and that this would allow the trustee to take advantage of any payroll, overtime and pay increases. I told her that I couldn't see my income EVER going up to that. My employer even called the trustee and told her that I would never make that much and asked the trustee to decrease that amount. The trustee won't budge. I am giving up my 401K at this point, i.e. I can't make payroll deduction on that because there won't be money available and since it was based on my pay, my employer says they can't calculate since the trustee is taking everything. I hope you have better luck...I feel like I am in the middle of a bad dream and I think my husband is realizing he really screwed up by ignoring the IRS.