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    Ch 13 Questions

    Hi all. Long-term lurker, first-time posted. Sorry if I could have used the posted info to find most of this out myself.

    My wife & I filed Ch13 jointly Nov 17th. Out 341 was Dec 29th. Today we received our notice of No Objection from the Trustee. However, I'm very worried about the creditors (duh!). Our case was complicated by several factors:

    1) we included 3 cars in the payment plan & the attorney filed as a 0% non-secured plan, 3-year. My teenage daughter has the 3rd car, but I also occasionally driver her's as both my wife's & my cars are high mileage. I would think the unsecureds would object to them getting nothing while we keep 3 cars. I wouldn't have accepted the 5 year route as by the end of the 3-year, my car's mileage will approach 200k.

    1b) Since it is 60 days from 341 to when creditors can file objections, this menas in about a month I should find out if/what these creditors are obejcting to. I was told by my attty that this trustee was "bk friendly" & it appears so by him not having objections; not only the cars issue but we are just under the median income & some of our expenses listed exceeded the IRS standards (i.e. listing them at those standards would free up $$ for unsecureds).

    2) We included a few payday loans in the unsecured. I had put a stop payment on the checks. I haven't heard a peep from the loan places since I called them 2+ months ago but always woory they will still send a summons to my job for a wage garnishment atttempt (trying to usurp the BK). I assume here I am being over-cautious.

    We filed a Ch 7 5 years ago (I wish 6) and would contemplate converting when I can if the required payments change. Hopefully they won't & we will try to live within our means.

    Please don't hate us if your situation was much more dire than ours. Two months in & we definitely feel like slaves to this process & our marriage is very stressed. On the one hand, we each got simultaneous (but from different creditors) garnishments on our income just before we filed. If we hadn't, we would now be paying about $800/month, which we cetainly didn't have extra. So we filed, we have the payment garnishment taken out, we occasioanlly bounce checks to make it to the next payday, we don't eat out & sometimes I run on fumes to get home from work. I would LOVE to get a part-time job, but they would probably take that income from me.
    Thanks for your advice.
    Last edited by simple_simon; 01-21-2006, 07:13 PM.

    #2
    I'm not sure about the cars - but wanted to tell you about the part time job - what my lawyer said... I asked about that and he said - "do not get one now, but after your finished filing and approved what you do is your business" - so I don't know that it would be an issue now.

    I wonder that too... I hear about the trustee taking pay raises and such - how do they know that you've taken a 2nd job - how do they know that you got a bump in pay... do they ck up on your income from time to time???

    GL!
    A

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      #3
      They probably don't know immediately about the bump or 2nd job, but they do require the tax returns for as long as your under their "guidance". I sure would hate to take a 2nd job for the creditors rather than say saving up for my kids pending college, etc.

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        #4
        As it stands - we are at 100% payback (or whatever you call it) - so no matter what, we are in this. no 2nd jobs for us...

        You say you guys are living tight - our budget seems really good - if we don't overspend on incendental stuff... if you don't mind me asking, where are finding it the hardest to deal???

        A

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          #5
          Originally posted by Anj
          As it stands - we are at 100% payback (or whatever you call it) - so no matter what, we are in this. no 2nd jobs for us...

          You say you guys are living tight - our budget seems really good - if we don't overspend on incendental stuff... if you don't mind me asking, where are finding it the hardest to deal???

          A
          I'm a little confused by your response. First, if you have a 100% unsecured payback, why would you file? Your paying them all you owe them anyway. Second, most people who do file do so becasue they either live beyond their means or have unexpected expenses. We qualify under both. We had a house fire a year ago, major surgery/bills 2 years ago, bought (never should have) the oldest daughter a used/financed car & just life. I guess it is easier to say no to yourself than your kids. BK doesn't care if it's you or your kids who suffer.

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            #6
            our unsecured debt is only around $1200 - that's it... BUT - I was out of work for about 9 months and we didn't pay our property tax (around $2000) - well, mort. company paid it out for us and we didn't pay it to them... they started a foreclosure on our house because we paid every month, but not the extra they wanted for escrow and what they paid out... long story short - fees and crap added up to over $10k - outrageous - for never missing a payment!!

            So - we filed to save our house - over $10k in home arrearages - they threw in my student loan for $19k and then the little stuff like my unsecured - oh and the van payments which were only 4k left... gave us 4 years of payments - almost all secured. *sigh* - oh well... at least we still have our house.


            A

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              #7
              First, yes, credeitors can try to go around the BK and some do, but the court would not take it lightly and a garnishment is too easy to see (as opposed to a phone call). So i can't imagine they'd try that.

              Second, keeping your cars is dependant on their value, not the number. Also, the number of drivers...since you have three drivers...you keep three cars. And most likely their value isn't enough for anyone to balk at.

              Third, don't full yourself into thinking that you can get income and they won't notice. You have to send your tax forms to a different place while in BK so they can keep track of your income. If there is a huge disparity, then they may require you to make higher payments. So, yes, you could get it and work it, but once you filed your income taxes, they'd know. Not guaranteed they'd do anything; but they can if they want to.

              To everyone asking this question: the reason to file even if you are at 100% or close is to keep the garnishments, foreclosures, liens, calls etc. from continuing. Also, this stops the interest and penalties.

              My basic advise to everyone, because of our nightmare, is before you file, make sure you believe that your life is going to remain exactly as it is right when you file for the three years.

              We've had total life changes since we filed and it has become a huge, huge nightmare. And our attorneys have been paid and now they don't want to do anything without more $$. We are considering filing an ethics charge against them.

              Comment


                #8
                Thanks for the replies Anj & QuietOne. I guess the thing about BK is, noone's situation is identical. I hope both of you come out of this with your property, hapiness & especially your sanity. It's rough.

                Oh, and QuietOne, yes, our total car values aren't real high (2 cars alrady financed 34 & 36 months & another about 6 months but claimed at what was still owed), so hopefully you right about value over number.

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