about to file ch13

[indenial]

We have our app this saturday with the lawyer, who is suggesting to file ch 13, he told us that it would get rid of unsecure debt(credit cards, medical bills) my question is....so they put you on a payment plan and you pay lets say $700 a month, but what happens if you are behind on your cars and house payments?? do they include that in the $700 a month paymt, and lets say you start that july 1st, then do you still have to make your regular house payments on top of the $700 you are giving, i am very confused how chapter 13 works....i am very stressed and worried, on the verge of letting them foreclose on my home.
some one told me i would make my regular house payment (each month) PLUS the monthly payment they assign you.

please heeeeeeelp!...i need it.

[13inOR]

If you are behind on your house or cars, that arrearage is included in the chapter 13 total amount. Sometimes they include future car pmts in this as well. In our case, we paid $1302 a month which included the car payments,
but we made our regular house payment separately, and directly to mortgage
lender.
I think a member called Jman mentioned that his mortgage payment is made through his chapter 13, so maybe it depends on the trustee.

[aa06a47]

I read somewhere that if your behind on your mortgage payment, the payments are made into the plan. I read where there are some trustees telling chapter 13's that the mortgage payment has to be made in the plan even if it is not late, which is being challened in court. All my payments, car lease and mortgage are paid outside of the plan.

[anonymuse]

I read somewhere that if your behind on your mortgage payment, the payments are made into the plan. I read where there are some trustees telling chapter 13's that the mortgage payment has to be made in the plan even if it is not late, which is being challened in court. All my payments, car lease and mortgage are paid outside of the plan.

Glad to hear that being challenged! That just sounds like a way for trustees to make an extra buck by forcing ontime payments into the plan. A big no-no there! We'd get in trouble if we tried to pull some stuff like that.

[jane taylor]

We were told by our attorney to stop paying everything--including our mortgage and vehicle since we were doing a 13. We are paying everything except our utilities, etc. in our plan.

I know how stressful and overwhelming all of this is, especially at first. Please keep us posted on how you are doing.

God bless--

jane

[indenial]

thank you

thank you soooo much, i feel better, i am literally overwhelmed with everything, i cant sleep at night, i started smoking again,(another payment to make..LOL, have to make things funny...somehow ), I am getting gray hair....
I really hope this ch 13 helps aliviate some of these worries...I will let you guys know what happens.

thank you so much for the support...

[bobby125]

I just filed this week. my car loan is included in my 13 payment but my home mortgage is not.....I am not behind on either loan, but going forward, my mortgage will go the same as it is now, and the 13 will go from my paycheck. includes credit cards and car loan................my payment is (scheduled) to be $743 a month, but my car was $350, so basically I look at it as $390 towards the cards for 54 months........total payback of $40,000 approx on $100,000 total (cards and car)......not too bad, plus the stress of how am I going to do it? and interest rates are all over

you may be stressed now, but after you start it, you will be relieved

i would reccomend buying microsoft money and downloading all your bank transactions on to it for the past 6 months and fighting like a dog to label things as expenses...

GL

[lrprn]

Our lawyer is filing our Ch 13 plan in the morning. If it's accepted as-is, our car payments will be paid through our plan (current loan values stretched out over five years - no interest). We will pay our two mortgages, the $21K educational loan we took out for our son, and our living expenses, utilities, etc. ourselves outside the plan.

Seems like the decision about what to include inside or leave outside the plan for payment depends on individual circumstances and local BK district practices combined with whatever your judge and trustee like to do. Frankly I have been surprised to see in posts here and on other BK boards just how much inconsistency there is across the country around what is allowed and what isn't during bankruptcy. Just isn't right to have so much variability around what is essentially the same darned thing no matter where we live - way more debt owed than money to pay it off.

[indenial]

ok...so what do you think will happen with our cenario:
-we live in texas
-one creditor has already sent papers sueing us (its what got this whole BK started) for $8000 we have other cc that we havent paid in about 4 yrs and we also have medical bills
-we are 3 months behind= $1900 on our house payment
-we have 2 cars on one we only owe $2400=we are current on this one
on the other car we are behind 2 months we owe $10200 on it
we dont want to loose our house or cars but we are trying to catch up
i make a measly $630 biweekly and my husband makes $1100 biweekly as well.

i am really hoping the meeting goes well this weekend.

[Jman30]

If you are behind on your house or cars, that arrearage is included in the chapter 13 total amount. Sometimes they include future car pmts in this as well. In our case, we paid $1302 a month which included the car payments,
but we made our regular house payment separately, and directly to mortgage
lender.
I think a member called Jman mentioned that his mortgage payment is made through his chapter 13, so maybe it depends on the trustee.

That is correct. I filed under the old laws, so I can't speak specifically on the new laws. But when I filed, if you were CURRENT on your mortgage, you could keep it out of the Chapter 13. But if you were behind on any payments, they would put those payments as part of the chapter 13, PLUS your mortgage payment.

At first, I was REALLY mad when the mortgage company filed to have the mortgage as part of the Chapter 13. But now...eh. It is one less thing to worry about. It comes right out of my check and the Trustee pays it. At least I don't have to deal with them anymore.

[keepmine]

Do you have any equity in your home?

[Jman30]

Do you have any equity in your home?

Are you asking the original poster or asking in response to my previous post?

[keepmine]

Sorry, I was asking the OP.

[aa06a47]

I just filed this week. my car loan is included in my 13 payment but my home mortgage is not.....I am not behind on either loan, but going forward, my mortgage will go the same as it is now, and the 13 will go from my paycheck. includes credit cards and car loan................my payment is (scheduled) to be $743 a month, but my car was $350, so basically I look at it as $390 towards the cards for 54 months........total payback of $40,000 approx on $100,000 total (cards and car)......not too bad, plus the stress of how am I going to do it? and interest rates are all over

you may be stressed now, but after you start it, you will be relieved

i would reccomend buying microsoft money and downloading all your bank transactions on to it for the past 6 months and fighting like a dog to label things as expenses...

GL

Bobby...how did you get a 54 month plan and not pay 100%? Just curious, I thought plans were either 36 or 60 depending on income?