Chapter 13 Payment Plan Question

[cz3ch]

So I met with my lawyers who said based off of my means test my payment should be something like 1,000.00/mo.

However going off of Schedule I and Schedule J there's no way that I could afford that. Their calculations based off of that shows me at approximately 200/mo.

They said it will be up to the trustee to agree to or object to the plan based off of Schedules I and J.

My question is, I'm on a fixed income based off of Schedule I and don't bring in the money I used to that shows on my means test. How will the trustee factor that in? Can he base the payment plan off of Schedule I and Schedule J? What if he proposes a plan amount that I can't afford, will he dismiss the case or will something else happen?

Thanks!

[LadyInTheRed]

Yes, it is up to the trustee whether to object to the plan. If he objects, it is up to your attorney to negotiate a livable plan that the trustee will not object to. If the trustee won't agree to a livable plan, the judge should make the final ruling.

It sounds like your attorney may be too willing to roll over for the trustee.

Ask your attorney about relying on the Lanning decision to base your plan on a forward looking approach: http://www.law.cornell.edu/supct/cert/08-998

ETA: I re-read your post and something is unclear to me. Is your attorney recommending submitting a plan based on Schedule I/J and just warning you that the trustee may object? Or does he want to submit a plan based on the means test to avoid objection?

[cz3ch]

Thanks for your feedback LITR. He said that he will let the trustee take the first stab at it but will counter if the plan payment is too high or motion to dismiss if I want out. I'll forward the Lanning link to him.

[cz3ch]

One thing I forgot to ask. If the judge makes the final ruling will that be to approve the plan or dismiss the case? What's the worse that can happen to me if they can't agree upon an amount or the trustee tries to force a higher payment plan than I can afford?

[karm43]

Maybe you should wait for 6 months, this way the right amount shows

[dmc-2008]

Can a person put this in hold???

[LadyInTheRed]

Can a person put this in hold???

Not once the case has been filed. I think karm43 is assuming cz3ch hasn't filed yet. I believe he/she is in the process of converting from a 7 to a 13.

[dmc-2008]

Ok thanks.

[paulmeyerson]

I would suggest you to get some time off so that you can get the final figure of what your amount will be. Your legal advisory who has been expert in bankrutcy will be the person who can give you much better answer as he has to deal with this types of issues daily.