Just filed, questions about cars n stuff

[Zubhatmaki]

we just filed with our attorney, who was leaving on vacation...so we won't be actually filed until next week I imagine. We had a medical situation and ended up both cars repossessed and they were sold at auction... One we were sued for and making payments, another is with a collection agency, then we bought a car as we were Car-less and needed transportation... So it's my understanding that our now car will be included, plus both repo's. Our lawyer asked what we wanted to pay per month, I thought that was court appointed... . But I'm thinking we will be in it for 5 years just since the debt is so high. Mortgage is not included. Just medical, and the cars. I really don't think our now car won't make it another 2 years....what's our options?

[LadyInTheRed]

You propose a payment based on your budget. The trustee can object to your payment amount. If there is no objection it becomes the payment.

Your attorney's question suggests that perhaps you will pay 100% of your unsecured debt, so you have some flexibility in your plan. Either that or your attorney is trying to get a feel for your own mindset about what you can afford.

What do you mean by you filed with your attorney? Did you actually sign your bankruptcy petition? If so, you should know exactly how long your plan will be.

If your car won't get you through your Chap 13, you should buy a more reliable care before you file BK.

You sound like you don't fully understand your case and have not discussed all you should with your attorney. If you signed a petition and it has not been filed, I suggest you call your attorney's office and tell them you would like to talk to your attorney before the petition is filed. Then, go over the petition and make sure you understand it. What is your plan payment and how long is your plan? How were both determined? Also, discuss your car situation.

ETA: Your plan payment is determined by the amount of debt you have only to the extent that you have secured debt that must be paid in the plan. So, if your mortgage is currrent and you do not have non-exempt assets, it sounds like the only debt that must be paid regardless of your disposible income, is the payment for the car you still have. To put it another way, your plan payment should be equal to your disposible income. For your plan to be feasible, the total of you plan payments must be at least enought to pay off your car and cover your trustee fees and any attorney fees included in the plan.