Surplus

[feemama]

I am worried I don't haven enough surplus left over after expenses to qualify for a ch 13... Have any of you ended up with really low monthly trustee payments, and if so how much. Thanks again

[StartingOver08]

If you do not have enough surplus, you should be able to file a 7 rather than a 13.

Are you wanting to file a 13 for some other reason? Because there are plans with extremely low payments.

[feemama]

I filed a ch 7 seven years ago, so 13 is my only hope right about now. My appt with my attorney is on the 16th. Does the attorney come up with your proposed plan or do you?

[lrprn]

Does the attorney come up with your proposed plan or do you?

Your Ch 13 payment is figured from the amount of dispsable income showing on the mandatory Ch 13 Means Test and Schedules forms. There is some wiggle room on some areas of the forms - a good Ch 13 lawyer knows what will be accepted by the court and what won't be.