Difference in what you pay?

[whirlwind123]

By reading some of these , It seems about everyones amount they are told to pay is different then their attorney told them. I seen my attorney last tuesday and he said within 10 days I should have all the info and doc# and date of 341, He said he is going for $300.00 month., when will I know if the trustee agrees to this?

Also, when will I go for the 2nd CCC?

Everyone has been so helpful here., thanks.

[HHM]

Generally, an attorney isn't doing his job unless the Chapter 13 Trustee objects. Your attorney is supposed to get you the best payment that is legally feasible, but the Trustee's job is to get the highest payment possible. The final payment will usually involve some give and take, but generally, the payment shouldn't vary more than 20% unless you have a lot of questionable expenses.

Usually within about 10 days of the 341 meeting, you will know the trustee position. Also, the trustee does not have the final say, the BK court has the final say. If the trustee and your attorney cannot come to terms on the trustees objections, the plan goes to a hearing.

[klandsb]

I filed my bk on 10-21-09 with a certain pmt amount that my lawyer and I came up with. I got the exact same paper work back from the trustee raising my pmt $ 432.00. She had changed some figures that were on the original that my attorney filed and also she based her decision on the I & J schedules which my attorney screwed up by not including my 401k contributions which amount to approx $ 230.00. The other $202.00 came from the figures she changed on my petition. My attorney is suppose to file an amended plan. I am calling him tomorrow to verify this as they were closed on Thurs & Fri for the holiday. My 341 is a week from tomorrow 12-7-09 so I hope I will know more then. It ticks me off because my wages are already attached and I will have ZERO money for the holidays. I already informed my kids its not going to be a very good christmas for us... The only one I am really worried about is my grandson who is 4yrs old. I can hopefully find a way to buy him a few little things .

[lrprn]

...I will have ZERO money for the holidays. I already informed my kids its not going to be a very good christmas for us... The only one I am really worried about is my grandson who is 4yrs old. I can hopefully find a way to buy him a few little things .

We usually get a few threads going this time of the year about how to handle having little or no money for gifts, so thanks for bringing this up.

What all of us typically find over time is that it's really not the gifts and what they cost that matter, it's the relationships and being together that counts.

To get you thinking about what can be done together around the holidays and how to handle having little or no money for gifts, check out these links:

http://www.thesimpledollar.com/2006/12/09/how-to-celebrate-christmas-without-money/

http://www.life123.com/holidays/christmas/homemade-holiday-gifts/no-cost-christmas-gifts.shtml

http://www.brighthub.com/money/personal-finance/articles/14605.aspx

There are lots of other great ideas to find in earlier threads on this subject in the forums and also out on the net to unearth with a Google search

Here's the very best gift of all you can give - think of the incredible life lesson you have a chance to teach your kids and grandson this year. You will be giving gifts according to what you can afford, not what will impress, to make a big pile, or to give gifts that really aren't appreciated or used a week after opening. Instead you can focus on spending time together doing simple, inexpensive - even free! - things. That's what your kids and grandson will grow to appreciate.

Our first Christmas after filing was very tough because we didn't have any money either. I was heartbroken and upset that we couldn't even afford a tree or any gifts. However, the members here at that time got my thinking turned around by telling me just what I'm telling you.

That year using all the ideas that were shared here, we did fun, free or low-cost things together - making cookies, baking, making little inexpensive things for each other, regifting (this turned out to be a new and very fun family holiday tradition!), volunteering at a soup kitchen, etc. And you know what? Our kids both said that year they had the best Christmas they had had in a long time!

I learned a very important lesson that first Christmas....I needed to let go of the idea that my kids and other family needed me to buy things in order to think they had a good Christmas and that I cared about them. What they really needed and wanted was me and our time together. Our kids understood we couldn't afford to do more, and really pitched in with their own ideas about what we could do to enjoy the season. They felt an important part of the holiday and they loved that.

This will be Christmas #4 since we filed, and we're looking forward to another year of being together without being held hostage by feeling obligated to buy for everyone. We've found it's a much healthier and happier way to celebrate this joyous season. So think about it.....what can your family do to celebrate the season and each other that doesn't cost anything? There's a lot more you can do than you realize.

[Nanzee]

My 341 meeting is on 12/14. I was never told by my attorney that the amount I am supposed to pay - and that I know I can pay - could be grossly adjusted. I went from thinking I finally made a decision to help us, to thinking I made the worst decision of my life. I know we can live with the $450.00 a month, plus having to keep paying our mortgage, and two car loans, not to mention electric, oil, gas, insurance, tax bill, and putting food on the table. What I need to know is that if our payment is increased to something we cannot do, and we are discharged, than what comes next? And why can't I sue this attorney for never advising me about any of this?

[waitinggame]

I am in the same boat. I thought I was going to pay $300-$500 a month, according to my first visit with lawyer. Now after completing the paperwork, the figure is $1300 per month. I can't see where that money is going to come from. We don't have extra $1300 a month. If I did, I would have continued paying the cards.

Now, I am too far gone. I don't know if I should start looking for a new attorney. I have already paid the fee to this one.

[klandsb]

I feel for you both. Just remember the attorney is suppose to be working for you. When I first looked at my payment I was flabergasted.... But included in my payment was my house pmt, heloc, and car pmt so it didnt seem so bad. Yes its true I am still not happy about my payment amount & will continue to question my attorney about it... also, remember nothing is final until u are confirmed so issues may arise that you are unaware of.... Hope you both the best in the future and I will let you know how my 341 goes ...

[Itsbel62]

I am in the same boat. I thought I was going to pay $300-$500 a month, according to my first visit with lawyer. Now after completing the paperwork, the figure is $1300 per month. I can't see where that money is going to come from. We don't have extra $1300 a month. If I did, I would have continued paying the cards.

Now, I am too far gone. I don't know if I should start looking for a new attorney. I have already paid the fee to this one.

Before our 341 on Sept 2nd, we were told to send in $96.00. At the end of the 341, the trustee said to give the unsecured loan that was being crammed down, "a small token." After 3 amended plans, we are now hoping to be confirmed on Dec 8th for $726.00. My atty said that the trustee originally wanted $1000.00. Its a catch 22. We can't change the atty at this point since we're in too deep.

[klandsb]

I think that is the major point everyone needs to know. Be very careful & 100% sure before you retain an attorney that they are definetly the one you want to represent you. After you have retained them and they file your bk its pretty much a done deal. I mean who wants to go thru all that again . At this point my life is stressful enough without all that to think about. I am hoping to reach a happy medium & get this 5 yrs over with to my fresh start...