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A Couple of Questions

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    A Couple of Questions

    I filed my chapter 13 in January and it looks like this year I will make about $8000 more than I did last year. Will they raise my payments? I have had an increase in my mortgage and HOA dues and car insurance but it will not equal the $8000. I called the lawyer's office and told them I am on pace to make about $8,000 more this year (I'm a casino dealer and making more tips).
    The lady told me "well, we don't know about this unless you tell us"..is she right? Sounds to me like she was telling me to leave it alone.
    Also, my girlfriend has been my dependent on my taxes for 3 years and they let me figure her into my bankruptcy. She is seeking employment. How will that affect my bankruptcy?
    By the way, I am in a 0% to unsecured creditors and only paying my vehicle, my mortgage arrears, and the lawyer. Don't know how I got such a low payment but I did. The lawyer was on my side. Also, I do not have to give up my tax returns.
    Any help on this would be greatly appreciated.

    #2
    It depends on the trustee in your area- did they inform you that he or she would require you to send in yearly tax returns over the course of your five year plan?

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      #3
      No, I do not have to pay my tax returns.

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        #4
        let me re-phrase that- did the trustee ask you to provide copies of your filed federal income tax forms (1040; 1040A, etc) throughout the course of the five year plan? The trustee would be able to tell how much your income has gone up from the previous year by checking out your filed tax forms and decide to increase your monthly payment based on this. The trustee might determine that the additional $8k is more disposable income for the creditors to get..

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          #5
          After wefiled, my income increased by average 8% a year. The trustee in our case was not concerned unless the increase was 10% or more annually. After 15 months into the plan, my wife obtained a full time teaching position, which increased our net monthly pay by $2000. When we filed our tax returns that year, trustee asked us to modify our plan. At that time, we were also allowed to update our monthly expenses for gas, taxes, indurance, etc. He increased our monthly payment by $750 month.

          If your girlfriend gets a full time job, you will most likely have to modify your payment plan upwards, but you can also modify your monthly expenses, if they have increased since your initial filing. If she begins work, your gas costs will increase, wear and tear on her auto, higher clothing allowance for work attire, etc.

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            #6
            Unless your trustee specifically asked for your tax documents each year then I would not think it would be an issue. Did you receive specific instructions on what to report? If you received no instructions and do not have to give your tax returns (returns, not refunds) then I wouldn't worry about the increase in income or your girlfriend's new job. I'm sure you will taking her off your income tax because you can't file together if not married and she is making money....
            Chapter 7 Pro Se....Discharged Feb. 2006

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