Monthly Payment Worries

[em96]

Hi, this is my 1st post. I'm new to the forum. My wife and I are about to file Chapter 13. Our lawyer is getting everything ready to file. Should be ready in a week. My concern is that my monthly take home pay is too high. Over the last few months I worked a lot of overtime so my paychecks have been pretty high. I'm afraid that the Trustee will see this and base my monthly payment on it. The last couple of months I have taken home $6000/month instead of the usual $4000/month. I have no control over when overtime is available, I just work it when it comes. So based on that, my monthly budget paperwork shows I have way over $1000 left over when normally its under $500. Can I explain this to the Trustee and will he/she take that into account or am I gonna get hammered for making some extra money the past few months? I expressed my concern to my lawyer's paralegal, but she said they will look at my last 6 months pay regardless of what my base pay is vs. the extra overtime. This is really worrying me.

[momofthree]

Is there a reason you need to file now? Maybe you should try to wait until you have less overtime in your look-back.

[sheilaE]

What about the Sticky.....Great news for chapter 13 debtors ~ U.S. Supreme Court.
Would that apply to this case?

[sndc99]

we have the same situation and were told the same thing. As responsible people trying to keep afloat we took all the over time my husband could get and now it's being held against us. We are just gonna have to call when his income changes and we loose the overtime. I even asked my husband if he had posted in the forum because it sounds so close to our exact situation. He is so tired of working 6 or 7 days a week. We will find out next week what our payment is and then file by the 28th. I figure anything has got to be better than nothing to live on.

[em96]

We are filing to stop foreclosure on our house. Long story short, we fell behind on our mortgage last year. For almost 12 months our lender strung us along telling us they will modify our mortgage. They kept telling us they didn't receive documents they asked for, or forms were not filled out correctly. We were put on 2 seperate trial payment plans and in the end nothing has been done. The foreclosure sale date is in 3 weeks and we can't risk losing our house. They kept telling us the foreclosure is suspended, but it is way too close and the sale was already posted in the local newspaper. I can't trust them at this point so bankruptcy is the only way to save our house.
PS I just read the sticky about the Supreme Court ruling. I don't know if this pertains to us. We'll have to talk about it with our lawyer.