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    Meeting with attorney tomorrow

    Meeting with an attorney tomorrow. I assume I am going to be forced in to a chapter 13. I may be wrong. But my income is over the median by a fair amount and I have disposable income. Currently separated from my wife we have two kids, I have the kids more than 50% of the time. I am in the house - she moved out and rented one.

    I owe the IRS and state tax department so I know I will be making those secured payments back for sure in plan that works out to $170 a month over 5 years to pay it off.

    I owe about $69,000 in medical bills and credit cards

    Zillow estimates my house to be worth 145,000 I owe 99,000 on a first mortgage and 12,000 on a second (the second is in my spouses name only). I am current on both of those payments. Kentucky allows you to take state or federal exemptions. I will be taking federal exemption since the state is only 5k. The federal is 23,675.

    So....that leaves me with about 10,325 in unexempt equity on the house so I am looking at a minimum payback in to a 13 of $172 for the house equity (over five years). It's my understanding that unsecured creditors must get back at least the amount they would get from assets in a 7.

    I have no other large assets. A used car worth about 3k. A 7 year old riding mower, old furniture, and a few tvs.

    Here are my estimated expenses for a family of 3 in Kentucky. The expenses total to $2834. Does it look like anything is off or out of line?
    Food 650
    House Keeping Supplies 60
    Appareal & Services 190
    Personal Care 60
    Internet 88.2
    Electric 101.25
    Gas 119
    Water/Sewer/Trash 110
    Cell Phone 204
    Insurance (auto and house) 221.68
    Medical/Dental/Eyes 150
    Gas 175
    Parking 35
    Maintenance/Registration 100
    Gifts 100
    Entertainment 100
    Pets 40
    Bank Fees 5
    PO Box Fees 10
    Home maintenance 100
    Property Taxes 166
    School supplies 50

    I am looking at $2.834 in expenses plus $170 for back taxes, plus $570 for the first mortgage and $180 for the second. That brings my total monthly expenses so far to: $3754. This leaves disposable income of $310. That more than covers the amount due to unsecured creditors from the equity plus some. Does this look workable to you all? I apologize for the wall of text but wanted to get it all out there.

    #2
    You may not be allowed anything for gifts. I have also heard of some trustees balking at pet care expenses, but mine didn't. Cell phone seems a bit high. Everything else looks good and perhaps on the low side in some areas, but I'm used to San Francisco Bay Area cost of living. Your attorney will be able to help you make adjustments where needed.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      Thanks for the input, I appreciate your help. Looking forward to talking with the attorney and getting this ball rolling.

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        #4
        It appears you are entering into a chapter13 with a very old car. Will it last another 5 years?. Ask your Attorney about financing a new car, maybe that will eat your disposable income

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          #5
          I wondered about that. My credit is shot though. The car is nine years old this year, still runs good - but you are right it will be a matter of time before it starts having serious problems.

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            #6
            Originally posted by bankruptbull View Post
            I wondered about that. My credit is shot though. The car is nine years old this year, still runs good - but you are right it will be a matter of time before it starts having serious problems.

            I would bump your home maintenance expenses. Lord knows those expenses fluctuate from month to month. Also consider you will need to pay child support. I know you have the kids more but I don't know a single divorced dad that does not pay some form of child support. This can certainly be amended post 341 meeting but you may bring it up to your attorney. Even with bad credit the car idea is a good one. I have limped through my 13 with a 2006 Hyundai (included in plan). When the suspension goes its a tough nut to swallow.

            My BK attorney was/is a wealth of information on what car dealers to go to and how to set up your expenses that will meet the trustees standards.

            PS you have a ton of company here with your situation. Separation/divorce Chapter 13. I am 3 months from completion so it can be done.

            Comment


              #7
              Thank you for the encouragement and help. I appreciate it. Congrats on making it through! Not much longer for you. I met with the attorney today and we really hit it off. I think she'll be a good one.

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