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Income going up, some other questions too..

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    Income going up, some other questions too..

    Hi all-
    We've been in our plan since 3/1/09--have a couple of questions for you all.
    1) my income will be going up dramatically, I will be graduating with my Nursing degree, already have an graduate nurse position, then will take my boards and if all goes well will be adding about $1200 a month to our net income. The attorney, trustee and judge knew this & just said to let them know when the income increases & submit 2 paystubs to the trustee. What will they do from there--any idea? Do they just tack on the $1200 to what we are already paying?

    2)When we originally filed, DH was working overtime, he no longer can do so & our income has dramatically dropped. We want to know if we can submit his paystubs with my new job's paystubs to show the "real" picture of where we stand at this point?

    3) Our expenses have changed quite a bit. Our house payment went up over $250/mth due to escrow shortage and increased taxes. A few other categories have also gone up, & I can document these....can we ask them to relook at this as well? It would really be realistic because this is what our future holds for the next 4 years holds....so it is a bad thing to ask them to reconsider our expenses?

    4) We have an attorney who is not really pro-active....a very much "well, let's wait & see what happens in 6 months..." kind of person. If I have a question about the semi-annual report from the trustee--can I call their office directly or do I have to go thru my attorney. I did call him with my questions, but he got me even more confused. When he realized how much more income I would be making he told me that the more we pay into the plan the faster it will be paid off. I thought that was not true in Ch13.....

    For example, our amt under "Plan Unsecured" is $25741.00 & the amt "needed to complete claims" says $17902.06 because we already paid in over $9K (a huge chunk with our income tax return). He is saying that once we pay off the $17+K we are done with our plan. I thought we keep paying under a CH 13 for 5 years based on what we have left to spend after our monthly expenses......


    So, sorry for writing a book but really need a re-education on what we're doing here. Thanks in advance for any advice or pointers on what to read!
    Last edited by welovedis; 11-16-2009, 03:24 PM. Reason: can't spell!
    11/18/08 filed CH 7; 341: 12/11/09, cont'd to 01/06/09
    03/21/09 341 hearing for CH 13
    04/27/09 Confirmation hearing for CH 13
    $199/mth for 60 months + $9K 2008 income tax refund

    #2
    Sorry, also wanted to add that our current plan payments are:
    3/1/09-9/1/11: $91.85 biweekly garnished from DH's check
    5/1/09: $7994.00 1 time payment from taxes
    10/1/11 to (left blank) $229.29 biweekly (because one of our cars will be paid off in 9/09 & they are adding in the car payment amt to our pymts).
    11/18/08 filed CH 7; 341: 12/11/09, cont'd to 01/06/09
    03/21/09 341 hearing for CH 13
    04/27/09 Confirmation hearing for CH 13
    $199/mth for 60 months + $9K 2008 income tax refund

    Comment


      #3
      You have 3 separate issues: Income increase on your end, decrease by your husbands, and an increase in mortgage payment.

      If I were you I would make an appointment to sit face to face with your attorney and amend your plan. Bring all documents with him (new pay stubs, notices of mortgage increase, etc.)

      Good luck to you!
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

      Comment


        #4
        Thanks--I have tried to set an appt repeatedly, but the attorney keep saying that because my income has not yet gone up we need to wait until that time to meet. I feel that is incorrect because my DH's income went done months ago and he said we need to scrape by to make the payments because "we can't go back over and over again to change things".

        While we made a colossal mistake using him, based on personal references, he is just not used to CH13 cases from what I gather. He usually deals with 7s who go along smoothly and ours didn't from the start. Now I look back with a better view of the situation & would have done many things differently from the start but can't change the past.
        11/18/08 filed CH 7; 341: 12/11/09, cont'd to 01/06/09
        03/21/09 341 hearing for CH 13
        04/27/09 Confirmation hearing for CH 13
        $199/mth for 60 months + $9K 2008 income tax refund

        Comment

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