Teacher - Problem with my attorney and summer pay plan and other issues. Wisconsin

[momindebt]

You are not responding to the Original Poster, rather to someone who responded to the post. However, I am the original poster, and my attorney also said I could do a "summer skip". So, since you are not in the same profession as us and do not understand how our payroll works, perhaps you should not be so judgemental. We would be making monthly payments. As a teacher, I RECEIVE NO INCOME FOR SIX WEEKS IN THE SUMMER, therefore, nobody is getting paid. My attorney made no provision for this dispite my insistance. Ergo, he is no longer my attorney. My district does not provide a summer pay plan, I am responsible for this. When I asked my attorney to allow me to retain my summer pay plan that I currently have with my credit union, he instead considerded this as "disposible income" to go to the trustee, attorney, and creditors. Obviously, you are having as difficult of a time of understanding this as my previously employeed attorney. As teachers, it is very common to have "summer skip" for things like loans. Also, as a teacher I often am working a part time job or two or three to try to earn extra income to make up for no income in the summer. All of this is irrelevant though, because I am so damn tired of trying to break this down to everyone that I have just given up. It really isn't that complicated. However, for some it is.

Thanks DeeDee. I thought I was ready the negativity into the post but I'm glad to see it was there all along... Why so negative? We are all here to help each other, correct? I don't know about everyone else, but I need all the emotional support in this journey I can get!

[momindebt]

actually, from what you described, it sounds like your attorney did it correctly. Bear with me please while i try to get a handle on what you're saying and how it should all play out for you:

Let's say for example, your gross pay is $24,000 per year. Averaged over a 12 month period would equal $2000 per month. Since you are paid (for example) 9 months out of the year, your gross should be $2666 per month. If your attorney is using the $2000 per month as your income, then you still have the extra $666 per month that isn't in the income schedules to stick aside in to your savings account. The extra $666 per month isn't showing as a separate line item for budgeting purposes, but would instead be up to you to subtract it out each month into savings.

Am i on the right track with this?

exactly!

[deedee642]

No, using your scenerio he took the $666 that wasn't on the schedule as disposable income to go to the creditors towards 100% payback at $1800 per month. He did not account for the summer savings anywhere in my plan.

[Pandora]

Thanks DeeDee. I thought I was ready the negativity into the post but I'm glad to see it was there all along... Why so negative? We are all here to help each other, correct? I don't know about everyone else, but I need all the emotional support in this journey I can get!

Again... misread on your part - wasnt being negative or judgmental.

[momofthree]

No, using your scenerio he took the $666 that wasn't on the schedule as disposable income to go to the creditors towards 100% payback at $1800 per month. He did not account for the summer savings anywhere in my plan.

Based on the schedules, how could he do this? Does he add the $666 back into the schedule I somewhere else? He can't create a larger dmi if the income isn't listed. Could it be the summer jobs throwing off the whole total? I'm wondering if he could use the Lanning ruling on this case...

And you are absolutely right that him cutting down your expenses below IRS standards is wrong wrong wrong. I hope you can find counsel that will fight for you. Keep us posted.