Confirmation Hearing was a DISASTER...

[justbroke]

enginegirl, if I made my post make you feel like you were spending wildly, that was not my intention. I try to use my posts as a tool so that when others read this thread days, weeks, months from now, they'll understand some of the process. A Chapter 13 is in no way easy. If you were already budgeting and sticking to your budget, then the Chapter 13 will be easier.

However, I'll go back to the pure and simple necessity and that remains that your Chapter 13 must be livable. You should not be skimping on food, clothing and other items. You are given an allowance for those items. If you are getting less than the allowances, then there is something wrong with your Plan (and payment).

[enginegirl]

I just re-took an online means test using the standard exemptions adding nothing additional and still the monthly payment is $490.00 ... I think that the trustee is using my old income and not my new one... When I put in the old pay amount it came back with $923.00

[Pandora]

I'll vouch for Justbroke I dont believe he was condemning you - he's all heart.

Did you notify your lawyer and then file an amendment when your income changed? Also, the schedules should have been adjusted as well to reflect all changes.

You should be able to look on PACER and see if any amendments were done and you can even print them off. If your schedules were never changed, then you need to call your attorney and do it now to get a correct payment. Everything that changes holds up confirmation that much longer unfortunately, but would rather have it correct than not.

[justbroke]

I just re-took an online means test using the standard exemptions adding nothing additional and still the monthly payment is $490.00 ... I think that the trustee is using my old income and not my new one... When I put in the old pay amount it came back with $923.00

At this point, and if that's the case, then make sure that your attorney is going to fight the Trustee's objection. If that prior income was within the 6-month lookback, that's probably the issue. Don't fret though, you are still going through confirmation. Just stay on top of this and on top of your attorney. If you feel that your attorney is not fighting for you, let him/her know that. Don't get stuck with an un-livable Chapter 13 payment!

[enginegirl]

At this point, and if that's the case, then make sure that your attorney is going to fight the Trustee's objection. If that prior income was within the 6-month lookback, that's probably the issue. Don't fret though, you are still going through confirmation. Just stay on top of this and on top of your attorney. If you feel that your attorney is not fighting for you, let him/her know that. Don't get stuck with an un-livable Chapter 13 payment!


Thanks and sorry did not mean to take offense.... I'm incredibly stressed..........

[justbroke]

I understand the stress. I try to help people manage the stress and have them not worry. Things don't happen fast in bankruptcy... almost everything is not an "emergency". While you do have some issues with your plan, you should try to sleep and relax.

[Flamingo]

You didn't explain anything in your initial posting about your ex. One good thing out of all this is that he is out of your life and note that his kind never changes. When things are better DON'T let him crawl back in...best of luck to you...

[enginegirl]

You didn't explain anything in your initial posting about your ex. One good thing out of all this is that he is out of your life and note that his kind never changes. When things are better DON'T let him crawl back in...best of luck to you...

He is dead to me....

I am feeling more positive today... amazing what a good long run can do for (Runner's high is true!)

I have another quick question...
Will Ihave to pay the $992? My garnishment order is for the old amount (480) and I know if they garnish at the 992 rate I wont be able to pay mortgage etc...

[CoBelle]

Sorry you are going through this enginegirl...sometimes what we really need when we post is just some empathy and cyberhugs. Sending you both.
I am in no way any kind of expert like most of those who have posted advice to you so far, but I believe I am in a bit of the same boat.
My trustee based her expectations on the 6 month look back when I had much more income. So she objected to my plan as not being enough. However,
I am still paying the amount that I submitted as payment with my submission and that is all you should be paying in.

The trustee ALWAYS objects at first Then it is your attorney's job to duke it out with the trustee. Sometimes the attorney and the trustee are too friendly and the
attorney doesn't fight hard enough. You have to let your attorney know that the payment you are offering is a lot more right than what the trustsee is suggestion and
tell him that if he doesn't agree then you will have to sit down with him and laboriously explain. If you paid a flat fee...he's probably not going to want to do that and will
maybe start talking with the trustee about the objections.

So just continue to pay what you and your attorney came up with and be patient and try not to stress. Running is a GOOD way to feel better!

Hugs to you!
CB

[TrainWreak]

Wishing you well enginegirl!
I am far from an expert on CH13 I'm just in one. But I thought the 6 month look back was done away with. Someone please correct me if I'm wrong?

[debee]

I think I know what you mean, Train. The Supreme Court's decision In re: Lanning means that in calculating the debtor’s ‘projected disposable income’ during the plan period, the bankruptcy court may consider evidence suggesting that the debtor’s income or expenses during that period are likely to be different from her income or expenses during the pre-filing period.

[justbroke]

I am far from an expert on CH13 I'm just in one. But I thought the 6 month look back was done away with. Someone please correct me if I'm wrong?

A Chapter 13 is a lot different in how the Means Test works! It pretty much works the opposite of the Chapter 7 Means Test although the forms are similar. For a Chapter 13, the Means Test looks forward and backwards. Of course, this is District specific, but many require that property being surrendered in the Chapter 13, not have the relevant payments included on line 47 and 48 of the Chapter 13 Means Test (Form B22C). This is so that they can get an accurate DMI. Other Districts will go by Schedule I/J to determine. It's confusing at best.

This is why a Chapter 13 is best done by an attorney and not by an individual pro se debtor. But, it can be done.

[enginegirl]

Well.... meeting with ATTY today went ...... how do I put this eloquently........ she SUCKS .. and I am so very thankful for the info I have been able to obtain and research on this forum to arm myself with facts and truths...... the ATTY just sat back and said it is what it is and there is nothing that can be done.... HOWEVER.... I brought up the new case law regarding forward projecting income... and I was able to show the 3 different means test that I took (and printed.. sorry trees!) and also a budget of my monthly expenses to the penny (all of them within the $$ allowed). I still was able to prove to her that my DMI was approx $450. and not the 992 per the the trustee... she finally started looking through my other docs and found that my last years tax return was just over $6100. apparently the Trustee divided that by 12 and added to my DMI (992). FY09 tax return had several things on it that I can not deduct this year.. my 2nd mortgage interest, non reimbursed business expenses, charitable donations etc ...
I just got back from my accountant and did a projected 2010 return based on my new pay etc and the return is less then $1200.00. We are hoping that the Trustee will accept this and go back to original plan... ATTY is going to submit to the Trustee by end of week.....
WHEEEEW!
all please say a big prayer that this will all be resolved soon..... (next court date will be 15 Nov!)

[justbroke]

all please say a big prayer that this will all be resolved soon..... (next court date will be 15 Nov!)

I am with you on this. I'm glad that you sat your attorney down and showed her the numbers. Sometimes, persistence pays.

Good for you for sticking to it! Many others would just succumb to defeat.

[enginegirl]

UPDATE!!!!!!
I just got and email from my Atty.. the trustee has approved my 3rd amended plan! I will be confirmed at 9am tomorrow morning... it has been a rough ride for sure but I really looking forward to moving beyond this and living back in my black and white world.... the gray has been making me nutty! thanks to all of you for the good words and support!
have a happy christmashanunkwansaka!!

YIPPPPPPPPEEEEEEEE!!! I can't believe it!! so so so happy! 6 months down (the 60 starts when you send in 1st payment in the state of FL) 54 to go!!!!