I filed June 22 , an emergency Ch 13 without the payment plan which is now due tomorrow. I had an attorney meeting to come up with a draft of the plan on Friday but my attorney cancelled it, saying that she'd come up with a plan over the holiday and we'd meet on Tuesday (tomorrow) .
Well , she did come up with a plan, but the plan seems way off: while there is no payment to unsecured debt, the payment for the loan I was borrowing from my sister to buy out my ex's share of my home is included in the plan and isn't anything like the payment scedule I worked out with my sister at about $1000 /mo interest only payable when th ehouse sells. Then she has me assuming my share of the HELOC which I can't assume becausee my X took the HELOC out in his own name, altho I am on the deed of trust (so that it can lien the house). I think she didn't avoid the judgment liens from X but iinstead did avoid a judgment lien from an earlier recording which is backwards. Anyhow, the payment is $4600 per month for 5 years!!!!! And she listed my income as $505 per month. (Yep, if I don't get alimony extended, that's what I'm living on plus $575 social security with expenses of $3700 per month????????????????????????????????????????????? ?????????????????
So my question is: if it is true that I don't have to pay unsecured debt, then why would my loan I'd be paying to my sister have to be IN the plan (ending up paying the trustee $24,000 in fees? I know that this might make the trustee more interested in confirming my case!
And a second question: an unavoidable lien just remains on the house until it sells , correct? I think HHM said that there has to be a good faith payment on the lien, but how much per month is a good faith payment on a 90,000 judgment lien that I am suing the guy over?
And finally, do secured creditors also have to file a proof of claim? My X put a judgment lien on the house in March for about $130k of money that he just 'says' I owe him. Doesnt he have to prove it somehow?
I will indeed be asking my attonrey these same questions tomorrow, but I find it helpful, especially when I'm dealing with concerns out of the normal Ch 13 realm, to try to get input from here too.
Well , she did come up with a plan, but the plan seems way off: while there is no payment to unsecured debt, the payment for the loan I was borrowing from my sister to buy out my ex's share of my home is included in the plan and isn't anything like the payment scedule I worked out with my sister at about $1000 /mo interest only payable when th ehouse sells. Then she has me assuming my share of the HELOC which I can't assume becausee my X took the HELOC out in his own name, altho I am on the deed of trust (so that it can lien the house). I think she didn't avoid the judgment liens from X but iinstead did avoid a judgment lien from an earlier recording which is backwards. Anyhow, the payment is $4600 per month for 5 years!!!!! And she listed my income as $505 per month. (Yep, if I don't get alimony extended, that's what I'm living on plus $575 social security with expenses of $3700 per month????????????????????????????????????????????? ?????????????????
So my question is: if it is true that I don't have to pay unsecured debt, then why would my loan I'd be paying to my sister have to be IN the plan (ending up paying the trustee $24,000 in fees? I know that this might make the trustee more interested in confirming my case!
And a second question: an unavoidable lien just remains on the house until it sells , correct? I think HHM said that there has to be a good faith payment on the lien, but how much per month is a good faith payment on a 90,000 judgment lien that I am suing the guy over?
And finally, do secured creditors also have to file a proof of claim? My X put a judgment lien on the house in March for about $130k of money that he just 'says' I owe him. Doesnt he have to prove it somehow?
I will indeed be asking my attonrey these same questions tomorrow, but I find it helpful, especially when I'm dealing with concerns out of the normal Ch 13 realm, to try to get input from here too.
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