This is almost over, but I'm broke

[cz3ch]

Long story short. Been in C13 for almost 5 years, scheduled to discharge in November. Got a pay raise and a new job back in October and the lawyer never amended schedules I+J just amended the wage order. Fast forward to this month I caught the error and had him immediately amend to get things back on track. He said to avoid any questions from the trustee I need to go 100% (I confirmed I was at 70% even though my genius lawyer said I was at 100% and I'd been paying the same amount since my last mod in 2014) and end my plan early (balance of $6200 including lawyer and trustee fees). So we filed the mod/amended schedules today and I have to pay all my DMI (2K) but on the bright side I will be out of C13 a few months early and the creditors will get back 100% this way.

What I don't understand is why my lawyer never filed an amended I+J. I switched jobs and made an extra 2K/mo back in October. He said he was going to amend the schedules but never did. Back in January of 2016 this same thing happened where I had to amend nearly 5 months later after receiving a huge pay increase at a previous job (3K DMI). He filed the I+J and the trustee never bothered to blink at my case when he could have easily done so and taken all that money. According to my lawyer my trustee is very lax and "hands off". He doesn't even ask for tax refunds or returns that's how lax he is.

In the end being in bankruptcy has been the most stressful, anxiety-ridden thing I've ever done in my life. On the plus side I've learned so much from all of you and by reading lawbooks on BK that maybe one day when this whole technology bubble bursts I'll become a lawyer.

So for the next 3 months my wife and I are going to be eating PB&J sandwiches, but I'll be discharged sooner, the creditors paid back 100%, and that should be the end of it.

It's been a wild ride and I want to thank you all for being supportive even when there were times I wanted to break down and cry from the stress. Post-discharge I plan to stick around and try to help people who were as panicked as I was and hopefully provide support where needed.

[justbroke]

Most Chapter 13 attorneys are hands off after confirmation. In my district they are allowed to charge a "monitoring" fee of about $50 a month over the life of the plan (could be $$$$ for them), but, as you can tell yourself, that doesn't mean much.

In many cases the debtor needs to persist. The problem is really that if you filed through a larger firm, attorneys come and go; and that is no excuse. Even in a smaller firm, the attorney just simply forgets and that is unacceptable. At least you have some plan to get through the last few months.

[cz3ch]

Most Chapter 13 attorneys are hands off after confirmation. In my district they are allowed to charge a "monitoring" fee of about $50 a month over the life of the plan (could be $$$$ for them), but, as you can tell yourself, that doesn't mean much.

In many cases the debtor needs to persist. The problem is really that if you filed through a larger firm, attorneys come and go; and that is no excuse. Even in a smaller firm, the attorney just simply forgets and that is unacceptable. At least you have some plan to get through the last few months.

Yeah I have a plan in place, just waiting for the confirmation hearing on 5/11 to confirm the plan. But NDC has already updated my plan payment to $2115/mo and the Judge signed the amended wage order for my employer so I submitted it to them. I'm pretty sure the trustee and judge will be happy that i'm paying it off early.

I got my lawyers back on track all amendments and modifictaions have been made, just waiting on the judge and trustee to approve the plan modification. Considering I'm paying 100% DMI and my full BK balance will be paid do you see any reason why they would object to the plan modification that gets me out early? Just curious.

[sophieanne]

They should not object if it's a 100% payback and the fact is, they can only get what you owe. They have no interest in takng more than you owe. It sounds like you're heading down the hill fast now...hold on tight..you're almost there

[cz3ch]

They should not object if it's a 100% payback and the fact is, they can only get what you owe. They have no interest in takng more than you owe. It sounds like you're heading down the hill fast now...hold on tight..you're almost there

May, June, July DISCHARGE... Meanwhile it's peanut butter and jelly sandwiches and clipping coupons.

[LadyInTheRed]

cz3ch, have you ever tried peanut butter and dill pickle sandwiches? It may be a good change of pace and I think pickles may be cheaper than jelly. They're a good source of potassium too.

You got this! July will be here before you know it.

[dmc-2008]

Yes its just a couple more months, you are on the downhill slide! There are so many ways to stretch! There is a site The Fundimental Home and she feeds family if 5 for under 100 a month! Best if luck!

[cz3ch]

cz3ch, have you ever tried peanut butter and dill pickle sandwiches? It may be a good change of pace and I think pickles may be cheaper than jelly. They're a good source of potassium too.

You got this! July will be here before you know it.

Lol I'm allergic to pickles so that's out of the question. In all seriousness I can afford to eat, I just can't go out to eat until the end of July when the inflated/accelerated payments stop.

Oh and also while I'm on here. My wage order for my employer says to take $977.00 bi-weekly out of my paychecks. Our accounting department screwed up and deducted $958.56. My new payments aren't supposed to start till May so it may be pre-emptive. But should I go ahead and make a payment on the trustee's site for the difference between the two numbers while the accounting department corrects their error?

You'd think a court order signed by a US Federal judge would be serious enough to pay attention to bookeeping, but apparently my accounting department at work is sloppy.

[VolFan]

You'd think a court order signed by a US Federal judge would be serious enough to pay attention to bookeeping, but apparently my accounting department at work is sloppy.

So true. My employer totally ignored it and wouldn't deduct any wages. I contacted my attorney and he said to just keep paying it so there were no missing payments. It's been over one year now and I'm still paying it myself - every two weeks through TFS.

My biggest concern was to not make any waves with the trustee. Attorney said its happened before, and as long as the trustee gets their money they really don't care who sends it. I'm not worrying about it anymore.

[Chrysalis]

Yes its just a couple more months, you are on the downhill slide! There are so many ways to stretch! There is a site The Fundimental Home and she feeds family if 5 for under 100 a month! Best if luck!

First, I want to say THANKS for posting about this site -- I am in the process of checking it out right now!

And second, I want to say I originally read your post as "family of 15" and that is what made me think I had to go check that out! Lol.

[LadyInTheRed]

Lol I'm allergic to pickles so that's out of the question. In all seriousness I can afford to eat, I just can't go out to eat until the end of July when the inflated/accelerated payments stop.

Oh and also while I'm on here. My wage order for my employer says to take $977.00 bi-weekly out of my paychecks. Our accounting department screwed up and deducted $958.56. My new payments aren't supposed to start till May so it may be pre-emptive. But should I go ahead and make a payment on the trustee's site for the difference between the two numbers while the accounting department corrects their error?

You'd think a court order signed by a US Federal judge would be serious enough to pay attention to bookeeping, but apparently my accounting department at work is sloppy.

Okay, skip the pickles.

I suggest you check with your attorney before sending any payment.

[cz3ch]

So true. My employer totally ignored it and wouldn't deduct any wages. I contacted my attorney and he said to just keep paying it so there were no missing payments. It's been over one year now and I'm still paying it myself - every two weeks through TFS.

My biggest concern was to not make any waves with the trustee. Attorney said its happened before, and as long as the trustee gets their money they really don't care who sends it. I'm not worrying about it anymore.

Yeah that's what my attorney said too. He said if the employer misses a payment or does not do the correct amount, just pay it via the trustee's portal. He just wants his money.

[cz3ch]

Okay, skip the pickles.

I suggest you check with your attorney before sending any payment.

Lol pickles skipped.

I checked with my attorney and he said to simply make the payment via the C13 trustee's portal, whatever the difference is, so I did. All should be good, I've seen no objections from the trustee yet, he has until 5/11 to object the plan modification, however my attorney said that since I'm paying 100% to creditors and 100% DMI the trustee will likely not even bat an eye and the judge will approve. Which leads me to another question which I will ask in a separate thread.