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Chap 13-Want 2 verify what Atty told me is correct.

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  • Chap 13-Want 2 verify what Atty told me is correct.

    My husband and I met with a lawyer this week-have not filed, but will within the next couple of months. I emailed him with 2 questions that I failed to ask at our meeting. I'm sure he knows what he's doing, but I wanted to double check on here to see if anyone had received the same answers.

    Question 1:
    ME: If my husband makes any future O/T earnings "after we file" -can we keep it or will it have to be turned over to the trustee.
    LAWYER:Yes, once the amount to the trustee is determined, it will not change.

    QUESTION 2:
    ME:The repayment amount is high, if we change husbands tax status so he brings more take home pay, can we keep it or will it have to be included into our payment to the trustee?
    LAWYER: You will be able to keep it-will not make the payment go up.

    We are located in CA. Does anyone know if this is correct information that the Lawyer is giving us? Just need to be 100% sure.

    Thanks!!!
    Last edited by sheilaE; 03-18-2010, 02:28 PM.
    Retained atty 3/2010. Filed Chapter 13 on 1/2013.

  • #2
    Originally posted by sheilaE View Post
    My husband and I met with a lawyer this week-have not filed, but will within the next couple of months. I emailed him with 2 questions that I failed to ask at our meeting. I'm sure he knows what he's doing, but I wanted to double check on here to see if anyone had received the same answers.

    Question 1:
    ME: If my husband makes any future O/T earnings "after we file" -can we keep it or will it have to be turned over to the trustee.
    LAWYER:Yes, once the amount to the trustee is determined, it will not change.

    QUESTION 2:
    ME:The repayment amount is high, if we change husbands tax status so he brings more take home pay, can we keep it or will it have to be included into our payment to the trustee?
    LAWYER: You will be able to keep it-will not make the payment go up.

    We are located in CA. Does anyone know if this is correct information that the Lawyer is giving us? Just need to be 100% sure.

    Thanks!!!
    Your attorney knows what works in your district. This is what is hard about the bankruptcy code, there are far too many different interpretations and practices by district. In mine, raises in income have to be reported and we cannot change our W-4 (withholding) during the plan.
    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


    • #3
      1. is probably correct. A temporary chance to work overtime is not enough to change your plan unless the OT is regular and part of his job.

      2. is not correct, according to what I know. (The usual you get what you pay for/I'm not an attorney advice goes here.) In most districts, the trustee takes some or all of one's tax return. The theory is if your withholdings are wrong, then you're not paying all your 'disposable' income into the plan and that is what a 13 requires.
      Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
      (In the 'planning' stage, to file ch. 13 if/when we have to.)

      Comment


      • #4
        SheilaE, what district are you in?
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


        • #5
          As in state? We're in Calif.
          Retained atty 3/2010. Filed Chapter 13 on 1/2013.

          Comment


          • #6
            Even in the same district each case can be differnt. In our plan, the payment is very high to keep us from having to report any additional income, such as if my husband starts drawing retirement.
            Indiana Filed March 9, 2010;
            341- April 28, 2010;
            Confirmed May 25, 2010;
            $1,240 a month; 4 down & 56 to go

            Comment


            • #7
              Each state is broken up into districts. I'm in the Eastern District of CA.

              We were told:

              1. Basically all the trustee cares about in regards to future earnings is if you get an inheritance or win the lottery. He said dh could start pounding out overtime after filing if he wanted to and we'd get to keep it all. If only dh was the type to pound out overtime, we'd be fine, lol, but we value our family time together more than the extra income.

              2. Didn't ask this one.
              Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
              0% payback to unsecured creditors, 56 payments down, 4 to go....

              Comment


              • #8
                Originally posted by sheilaE View Post
                As in state? We're in Calif.
                No. There are 4 districts in California - Southern, Northern, Eastern and Central. The are listed at http://www.bankruptcyinformation.com/CA_courts.htm
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                Comment


                • #9
                  Lady in Red: Ok-I get it. We are definitely Central. Thank you for filling me in.
                  Momofthree. That was what he told me as well about the o/t and thank you for making me smile. My husband doesn't like to work the o/t, but it's helped us get through month for the
                  last 2 years as we started struggling. It use to be he'd work it and we'd be thrilled when the check came-so we could buy something fun. But lately it all goes to bills-which makes working it not fun. You are soooo right though-family time is better another reason to file and get this behind us.
                  Retained atty 3/2010. Filed Chapter 13 on 1/2013.

                  Comment


                  • #10
                    What your attorney told you is accurate. As mentioned, it depends on the district and the analness of the trustee.
                    Last edited by HHM; 03-19-2010, 09:35 AM.

                    Comment


                    • #11
                      I'm in the Central District and filed in the Riverside court. They are so busy that as long as your case is confirmed (and it is done the day of your 341) just keep making your payment. Unless something drastic happens, just keep off the radar and you will be fine.

                      Comment

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