Extended Chapter 13??

[NoMore]

We just got our first objections to our 13 since we met with the Trustee. There are notes that it will be extended beyond 60 months. We asked the lawyer about this, who stated he'll have to work with the trustee to undesrtand why, but didn't have answers for us today.

How long can a chapter 13 last exactly? We were just inches away from filing a 7, but due to some one time, extra income, we're stuck in a 13.

Any advice??

[liz417]

No, 5 years is the max. What do you mean you were "inches from a ch 7?" Could you or your attorney not find any other expenses to include to lower your disposable income? If you don't mind stating, what is your monthly payment?

Thanks

[NoMore]

Thanks for the quick response.

The monthly payment is currently 790 (I expect it to go up). The inches away came from analyzing all of our expenses and capturing everything we could. Of course, on some items the Trustee is balking. One example being the out of pocket medical expenses. Several of our kids have severe allergies to foods including peanuts which are costly to control. The trustee is now asking us to prove that we spend what we spend on everything, including food and auto.

We needed about $50 more each month in expenses to meet the requirements for Chp 7.

[liz417]

Bummer, now you are stuck in this for the long run huh? Some of our expenses are a little (or a lot) over the allowences, but I've been saving receipts.

Good Luck to you and hopefully your monthly payment won't go up too much

[aa06a47]

If your payment is 790/month, and the trustee wants more, I would say your not inches from a chapter 7. Your close to 700 or a little more in additional expenses to qualify for a chapter 7. (must have < 100 / month in disposible income)

However, a chapter 13 cannot last more than 60 months (60 payments). Your trustee must be a little physco.