Couple of questions...

[liz417]

Hi,

We are planning on filing chapter 13 sometime in Aug (actually holding out to pay attoney's fees and to build a little emergency cash fund).

My husband brings in a good income, but I started working part time in Nov because the cc minimums we killing us. I work appoximately 28-32 hours per week. Since we are going to be on a 5 year plan, I was wondering if I should finish my education or will the trustee want me to find work (better pay) and full time instead? I just want to know what to expect from the trustee...

Thanks for all your help, this site and you guys have been great!!!

Liz

[AtWitsEnd]

In my opinion, the trustee will not want you to find a better job with more pay. Your plan will be based on the past months income. I have never heard of a trustee asking for someone to take a full time job or make more money. Of course if its your choosing to find a full time job, run it by your attorney and see how this will play out in your plan with an increased income. But the trustee will not make you work more.

[liz417]

Thank You for your fast reply atwitsend. I did ask our attorney about finding another (better) job, but he said not to worry about it (seems weird to me, I would think they would want you to work more to pay back more).

[AtWitsEnd]

Nope, thankfully it doesn't work that way
Best of luck in your 13.

[epiphany]

They don't even ask you to work at all. You could even quit your job and it would not be questioned.

I find it strange too.

ep

[lostinflorida]

Quitting your job?

They don't even ask you to work at all. You could even quit your job and it would not be questioned.

I find it strange too.

ep

Really? You can have a bunch of debt, quit your job, and they don't question you when you file for bk? How can that be?

[Flamingo]

The problem as to job/work arises after you have filed your Plan. The Plan is based on your income for six months prior to filing. If you quit your job after filing, you are still stuck with making the plan payment since you have to keep making those payments even if you lose your job (actually stated in our Plan). If you cannot make plan payments due to quitting or losing your job, your Plan would either have to be modified or dismissed since you need income for a Chapter 13 plan.

If you quit prior to filing, the attorney may want to know why (remember the six months worth of income prior) and if you start working again after filing that income will need to be reported to your attorney and your Plan payment would change. Always ask your attorney when it comes to financial issues as to your job and income because you just don't want to mess around with a Chapter 13 Plan and payments.