Vent :(

[karna68]

Hi all, new here. Just a vent I have. Filed Chapter 13 in 2009, lost my job in 2011 so 13 was eventually dismissed. Got behind on mortgage and never really got caught up so filed again in 2015. Due to arrearages on mortgage payment was too high through Chapter 13 so we voluntarily dismissed. Did mortgage modification to get current, now I have a garnishment on my check from a VERY old debt, Javitch and Block anyone? Called an attorney to see about filing again and they said payment would be x dollars a month, a very doable amount. Had our first appointment yesterday and because I receive a yearly bonus (was larger this year than in years past) they said our payment would be HIGHER than in our last 13! Uggghhh!!! I just think it's really stupid how they include bonuses in your income. Now I have no idea how I'm going to stop this garnishment.

[justbroke]

If you can show that it was a one-time event, your attorney should be able to deal with it. If this bonus was paid within the lookback period (6 months prior to filing) then it would be more an issue.

What you can ask is that you do a step plan to 12 months, and then ask how much to Modify the Plan if the bonus does not materialize. Or, ask that you use the "average" of the last 3 year's of bonuses. Other than that, your bonus is income and should be included in calculated your "disposable" income.

You could also just make a plan that, in it's entirety, surrenders all future bonuses in full.

[159515951]

Trustees handle bonuses differently, but it's considered income (which it is, really). I guess you should take a look at the proposed Chapter 13 payment v. wage garnishment. Take a look at total payback over the Plan period, and figure out which makes better financial sense to you. If there's a chance you will need to dismiss your Chapter 13 similar to the first two tries, then you're probably better off not filing.

[karna68]

Basically the 13 payment would not help at all, it would be the same as if I was being garnished so it makes no sense. Plus I can work at making my credit better. I just want the garnishment stopped! I have offered a payment plan but they won't accept.