Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Anyone heard of this kind of motion?

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  • Anyone heard of this kind of motion?

    So due to some odd circumstances, I was denied the federal extension of my unemployment until I filed a new claim in another state. I've been waiting for over 4 weeks with no benefits and if they are denied, I then need to take that denial BACK to the original state to reopen my claim for the federal extension - Christmas could come sooner. I've been pounding the pavement looking for work but we all know that story - it's just so dry out there or I'm too short or over-qualified or who knows?

    So the unemployment benefits are built into my plan (which we all know doesn't make sense but it is what it is). I called my lawyer as it's impossible to pay the trustee for September and pay the October rent. He said pay the rent and he'll deal with the trustee.

    He said since I'm not confirmed he'll file a motion to build in six months of skipped or deferred payments for when I have this kind of problem. I have yet to see this motion in my mailbox but does this sound familiar to anyone?
    over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
    Confirmed, $801/month 56 down,4 to go

  • #2
    Every court and trustee have their own customs and preferences on how to deal with missed Ch 13 payments. If your lawyer says he can get your plan set up to deal with your changing income issues, then he's in the best position to know what will fly and what won't. Good luck - hope things work out in your favor!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go


    • #3
      If you became unemployed, since your bk filing, cannot you change this to 7? 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.


      • #4
        My husband makes too much for us to qualify for a 7. We're right at that point where I can ALMOST pay all of our living expenses just on his salary but there is no disposable income for the trustee payment. Part of what is killing us right now is that his employer only just agreed to withhold PA tax from his check in August so I have increased tax withholding there to catch up so we don't owe. We're also catching up the federal since we were withholding based on using the mortgage interest, etc. as itemizations up until May when we filed and decided to surrender the house. The taxes are in our monthly expenses but spread over 12 months not crammed into 5 or 6. I have to keep groceries, gas, oil, etc. under their budgeted amounts to make up the difference. It's doable and I'm not complaining. At least my husband has his job - his job has been so helpful during this, they lent us the money to buy the second car after we surrendered the first so we wouldn't have to do a "buy here, pay here". I think they're charging us 3% interest. I'm grateful. We'll be much less squeezed in January when I can adjust the taxes back to what is reflected on our expenses. It's just without that few hundred a week of unemployment there is no way to squeeze out the trustee payment. It becomes "do I pay rent or do I pay him?" I did get good news. It seems as if my PA claim will be approved for the future. So this should work out long term. I'm still looking for work and I won't give up because unemployment certainly won't be extended 5 years! LOL
        over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
        Confirmed, $801/month 56 down,4 to go


        • #5
          Plus, I could be completely wrong and if someone clarified, it would be helpful I'm sure to others as well, but isn't it true that income tax debt can not be discharged in a 7? At least $10,000 of what we're repaying is priority debt to the IRS, PA, etc. from last year. (part of what made us wake up a little more to our situation). The 13 allows us to repay it without incurring those crazy penalties, etc.
          over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
          Confirmed, $801/month 56 down,4 to go


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