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    First time poster long time lurker

    Hello all,


    Been lurking around here since around Feb right after I filed Chapter 13.
    Wish I had found these forums prior to my initial filing but all things happen for a reason, I guess.

    Here's my story in a nutshell. Married my dw a few years ago and she brought with her our 11 yo dsd. Wife has a custody agreement with her ex that mandates that dsd must attend a certain school district. Up until last fall the ex had been playing nice and allowed us to use his address. All of a sudden he decided to not play nice anymore and we were forced to pay about 7k a year in tuition for dsd to attend the school in that particular district.

    Considering the tuition took 100% of my wifes income and I was way upside down in he house that I owned we were hosed....
    Add in the fact that I owed approx 20k on CC's we decided to get out from under all of it and try to get a fresh start.

    So..... 1/30/08 I filed Chapter 13. We moved into the school district and now rent a house. The other house has been foreclosed on and is no longer a headache.

    Now, had i came to these forums sooner I would have learned a few things a whole lot easier. First and foremost, don't get in too big of a hurry. We easily could have stayed in our house another 4 months basically free.

    Second thing I learned is if your expenses aren't close to your income in a chapter 13 you get socked with a major payment. I had no idea at all the amounts that were allowed to be claimed as expenses until I had visited here and found the link to the Trustee Website.

    Well after being nailed with a $1000 dollar a month bankruptcy payment on our combined income of about 3500 a month, we figured out that we could convert to a 7 and amend our expenses to more accurately reflect reality.

    So we payed the fee, converted over to a 7 and had the 341 meeting on 7/11/08. It was pretty much a joke. The only hangups were that the trustee couldn't find the file for a second or two. She also couldn't believe that I work 72 hours a week as a Paramedic. She kept say "You mean every two weeks right?"............ After the 4th time of me saying "No, I work 72 hours a week, every week" she finally seemed to get it.

    So here we are 10 days later and I just checked out the ole PACER website out of curiosity and I see

    55 Filed & Entered: 07/15/2008 Chapter 7 Trustee's No Asset Report

    Well that is a good sign I guess.....no objections so far.....

    I Will do my best to keep updates on here regularly and let people know how it goes.

    pmed8

    PS Trustee never asked about our tax return or the Stimulus check. I asked the lawyer about them and he said that since we would need money for a safety net she probably wouldn't take them. He said to hang on to them just in case but not to worry about it. /crosses fingers
    Filed Chapter 13 1/30/2008 Converted to Chapter 7 5/30/2008
    DISCHARGED 9/15/08
    Closed on new home 1/25/2012

    #2
    Glad to hear you finally found the board here. This is an amazing place, isn't it? ... I don't see how non-lawyer folks could learn so much about bk law in any other way.

    Congrats on switching from the 13 to a 7 ... sounds like you're good-to-go ....here's to hoping you can eliminate that 1K a moment payment!

    Comment


      #3
      Originally posted by pmed8 View Post
      Hello all,


      Been lurking around here since around Feb right after I filed Chapter 13.
      Wish I had found these forums prior to my initial filing but all things happen for a reason, I guess.

      Here's my story in a nutshell. Married my dw a few years ago and she brought with her our 11 yo dsd. Wife has a custody agreement with her ex that mandates that dsd must attend a certain school district. Up until last fall the ex had been playing nice and allowed us to use his address. All of a sudden he decided to not play nice anymore and we were forced to pay about 7k a year in tuition for dsd to attend the school in that particular district.

      Considering the tuition took 100% of my wifes income and I was way upside down in he house that I owned we were hosed....
      Add in the fact that I owed approx 20k on CC's we decided to get out from under all of it and try to get a fresh start.

      So..... 1/30/08 I filed Chapter 13. We moved into the school district and now rent a house. The other house has been foreclosed on and is no longer a headache.

      Now, had i came to these forums sooner I would have learned a few things a whole lot easier. First and foremost, don't get in too big of a hurry. We easily could have stayed in our house another 4 months basically free.

      Second thing I learned is if your expenses aren't close to your income in a chapter 13 you get socked with a major payment. I had no idea at all the amounts that were allowed to be claimed as expenses until I had visited here and found the link to the Trustee Website.

      Well after being nailed with a $1000 dollar a month bankruptcy payment on our combined income of about 3500 a month, we figured out that we could convert to a 7 and amend our expenses to more accurately reflect reality.

      So we payed the fee, converted over to a 7 and had the 341 meeting on 7/11/08. It was pretty much a joke. The only hangups were that the trustee couldn't find the file for a second or two. She also couldn't believe that I work 72 hours a week as a Paramedic. She kept say "You mean every two weeks right?"............ After the 4th time of me saying "No, I work 72 hours a week, every week" she finally seemed to get it.

      So here we are 10 days later and I just checked out the ole PACER website out of curiosity and I see

      55 Filed & Entered: 07/15/2008 Chapter 7 Trustee's No Asset Report

      Well that is a good sign I guess.....no objections so far.....

      I Will do my best to keep updates on here regularly and let people know how it goes.

      pmed8

      PS Trustee never asked about our tax return or the Stimulus check. I asked the lawyer about them and he said that since we would need money for a safety net she probably wouldn't take them. He said to hang on to them just in case but not to worry about it. /crosses fingers
      Welcome to you Pmed! Glad you are here and that it is helping and congrats on the conversion.

      Thanks for the work that you do too, but if you ask me, you are getting paid far too little. You probably agree with that.

      Nice to meet you,

      ep
      California Bankruptcy Central

      Comment


        #4
        Wow, what a story. Thanks for joining us, Pmed. We will wait anxiously to hear more from you on your conversion. Welcome!!
        "You can never get enough of what you don't need to make you happy."
        6/16/08: Attorney approached lenders to surrender old home
        8/26/08: Met w/attorney RE: filing BK
        9/29/08: Filing Chapter 7

        Comment


          #5
          Welcome also Pmed8. We are glad you found us. Congratulations on being able to convert--sounds much more realistic. I hope everything continues going smoothly.
          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.

          Comment


            #6
            Welcome and good Luck

            Keep us informed
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

            Comment


              #7
              Our payment is almost 1K and we make less then 3500...We're grateful for that considering our car pmt was 650 of it and it's in the plan...
              Filed: October 1, 2007 341: December 10, 2007
              CONFIRMED: December 10, 2007
              Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

              Comment


                #8
                Originally posted by MajorMike View Post
                Our payment is almost 1K and we make less then 3500...We're grateful for that considering our car pmt was 650 of it and it's in the plan...


                Of the $1000 only $250 was my wifes car.


                Mike
                Filed Chapter 13 1/30/2008 Converted to Chapter 7 5/30/2008
                DISCHARGED 9/15/08
                Closed on new home 1/25/2012

                Comment


                  #9
                  Hi there Pmed,

                  Welcome aboard, please update us to your story as it goes along.

                  Did your attorney not advise you of the IRS standards and exemptions? How did you get stuck with a $1,000 payment on your income? I would be pissed!
                  Last edited by liz417; 07-23-2008, 07:17 AM.
                  May 2008 Hired 1st Attorney/Stopped paying CCs
                  May 21, 2009 Retained 2nd Attorney
                  May 28th - Filed for Ch 7 (FINALLY!)
                  9/11/09 - DISCHARGED!!!!

                  Comment


                    #10
                    Good story! Congrats on finding this forum and taking control of the situation. Sounds like you're on the right track.
                    Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

                    Comment


                      #11
                      Originally posted by liz417 View Post
                      Hi there Pmed,

                      Welcome aboard, please update us to your story as it goes along.

                      Did your attorney not advise you of the IRS standards and exemptions? How did you get stuck with a $1,000 payment on your income? I would be pissed!
                      Nope they sure didn't. More or less handed me the paperwork and said "Put down what you spend a month on each of these sections. Be as accurate as possible and if you aren't sure, estimate."

                      Well after living on a pretty tight budget for so long, the prospect of having $200 a month budgeted for clothing is a bit shocking. Let alone all the other allowances that are possible to claim.

                      Had i not found these forums, I honestly don't know what we would have done.

                      Mike

                      PS Yeah i was pretty PO'd to say the least.
                      Filed Chapter 13 1/30/2008 Converted to Chapter 7 5/30/2008
                      DISCHARGED 9/15/08
                      Closed on new home 1/25/2012

                      Comment


                        #12
                        Originally posted by pmed8 View Post
                        Nope they sure didn't. More or less handed me the paperwork and said "Put down what you spend a month on each of these sections. Be as accurate as possible and if you aren't sure, estimate."

                        Well after living on a pretty tight budget for so long, the prospect of having $200 a month budgeted for clothing is a bit shocking. Let alone all the other allowances that are possible to claim.

                        Had i not found these forums, I honestly don't know what we would have done.

                        Mike

                        PS Yeah i was pretty PO'd to say the least.
                        I know what you mean by living on a tight budget. Before we met with our attorney, I was trying to make the min. cc payments and was "cutting corners" as much as I could: doing dry cleaning from home, cutting groceries, not taking the toll roads, not buying clothes, etc., but after he gave me an expense report to fill out, I started to "puff" up my expenses by doing all these things again and saving the receipts! So, if the trustee "cuts" out any of those expenses, at least I can go back to living the way it used to be...it was worth the try...
                        May 2008 Hired 1st Attorney/Stopped paying CCs
                        May 21, 2009 Retained 2nd Attorney
                        May 28th - Filed for Ch 7 (FINALLY!)
                        9/11/09 - DISCHARGED!!!!

                        Comment

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