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    Ever heard of this

    Here is my story.....Filed 13 back in 2002 after going thru a divource, with alot of medical payments. Made payment as agreed. No problem

    Because of on-going medical problems with both my wife and myself, I was force to work alot of overtime to pay them off and stay current. My extra overtime of course showed my W2 increase by $13,000. ( of couse ex-wife saw extra income and wanted more child support and got it as well).

    In 2005 wanted to buy a house as I was renting. Wanted to keep payments on it the same as rent. Mr trustee wanted a new form with expenses before he would agree. After looking at it, he agree to the purchase, but at same time wanted to more than double my payments. Of course I went to lawyer and file a protest. Meanwhile the bank and myself got scared and we backed out of the contract with the owners, not knowing if I would be able to afford the house if they increase the payment. Weeks turned into months and never heard anymore. Assumed trustee gave up on trying to increase payments.

    Another year goes by. Started looking at another house. Started taking to the bank. They in turn wanted a discharge before giving us a loan ( had about 6-7 months left on a 5 year plan). Asked trustee office for pay off amount which we then paid off the plan after selling my wife's car. Got a letter saying it was paid and it was alright to purchase new home. Bank gave us a loan, moved into home 1 month later.

    Now Mr trustee after reveiwing my case for discharge, find the motin he filed the year ealier, was never taken to court and resolved. He is now holding up discharge in hopes of getting more money from me and he thinks I making money ahnd over foot. Attorney and myself have told him and filled out another form showing my expense have one up and I have worked more overtime to just make ends meet, but it does'nt seem to matter to him.

    Court date is now set next month. We are scared about him getting more money and not being able to afford the house now. This has been a nightmare and endless circle.

    Anybody have any suggestion or heard of this before?

    #2
    Expenses Come First

    im not familiar with peoples cases and assets, but i would think your expenses come first! anyway you have saved all bank account info from that date to prove how you spent your money? good luck!

    catchmeifyoucan
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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      #3
      Sounds like the trustee is wanting a piece of the OT pie. Has your attorney filed an amended plan with your increased medical payments and your child/spousal support increase? Oh, and don't forget that the extra income also went to pay additional federal and state taxes. I think if your extra expenses can be proved to wipe away the extra income, you should be OK.
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

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        #4
        I think the trustee wants the pie thing as well. Lawyer has filed motion, and has talked to the trustee, but does not understand his resaoning as well. Little nervous about the whole things.

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