Add a pregnancy to the mix...

[flower04]

We are about to file 13 and just found out we're pregnant. What will this do to us? How long does this process take before the first payment starts? Our income will be lowereda bout 10% and our attorney already knows this and we are developing a strategy about it. Any suggestions?

According to our attorney, we can sometime in May and it should take about 30 days to the 341 meeting and then our creditors have 90 days to appeal. Am I wrong in assuming that we start our payments to the trustee after that 90 day period (assuming there are not complications)?

I see many of you have longer dates between your meeting dates and start of chapter 13. I realize there are multiple complications, but if we don't get this thing started soon, this pregnancy could really come at the worst time.

[flower04]

Edit to earlier post-
We can file in May, with 1 month for meeting, 3 more months for creditors to appeal... The baby will be due 2 months later. OUCH!

[HHM]

First, congrats on the pregnancy.

However, your assumption is dead wrong, your first payment is due 30 days from the date you file your BK. Your first few months of payments are based on the plan that you initially file. Then, as you negotiate with the trustee, you will end up with your ultimate payment at the time of confirmation (about 90-120 days after you file). But make no mistake, you will have to cut a check to the trustee within 30 days of filing, and each month thereafter.

[parsoc48]

So does the Trustee set the plan at this 30 day mark, even if the 341 hasn't been held yet? Based on the petition, schedules, etc?

[lrprn]

So does the Trustee set the plan at this 30 day mark, even if the 341 hasn't been held yet? Based on the petition, schedules, etc?

The monthly (or biweekly or whatever time frame) Ch 13 payment is what your disposable income figures out to be on your Ch 13 forms.

For example, if your Ch 13 forms show $900/month disposable income, you pay $900 monthly until your plan is officially confirmed.

Most 13ers are confirmed to pay whatever their original disposable income figure is every month until the end of their plan (or until they pay off everything owed to all unsecured creditors who filed claims).

[HHM]

So does the Trustee set the plan at this 30 day mark, even if the 341 hasn't been held yet? Based on the petition, schedules, etc?

As part of your chapter 13 filing, YOU will be proposing a payment plan based on your disposable income. If the trustee does not object to that plan, then the plan YOU propose ultimately gets confirmed. However, if the trustee objects to your plan (and they almost always find something to object to), then you negotiate with the trustee about the objection and try to arrive at a plan both can live with, then that plan is confirmed.

But, in any event, your first payment is due within 30 days of the date you file for BK.

[parsoc48]

But if my disposable is $1000 then that is what "my" plan would be, right? My only hope is to have enough expenses to decrease the "left over" amount? I'm struggling with that right now, I hate the expense worksheet because the categories are SO broad...is "food" really just "food" or is it toilet paper and laundry soap?! Is "entertainment" going to the movies or can it include printer ink for you photos?!

[MajorMike]

I told my wife she will learn two words for the next five years...BIRTH CONTROL.
We can't afford a child right now and will take every measure not to let this happen. Good luck to you.

[Flamingo]

But if my disposable is $1000 then that is what "my" plan would be, right? My only hope is to have enough expenses to decrease the "left over" amount? I'm struggling with that right now, I hate the expense worksheet because the categories are SO broad...is "food" really just "food" or is it toilet paper and laundry soap?! Is "entertainment" going to the movies or can it include printer ink for you photos?!

Congratulations! Look forward with joy to your soon to be new arrival and you will get through all this believe me. It's not the end of the world and things do get better. Your first payment will be due before your meeting. You pay the amount the attorney advises you to pay. That amount may change after the meeting and become your new monthly payment. Ours did as we had to modify our Plan at our meeting due to an income change. But we still had to pay a big first payment to make 30 days after filing. It will all fall into place for you.

As to the categories, food is obviously your food budget; home, work, school. There should be a category for personal items which would include your soap and other toiletry products. Entertainment would include eating out, pizza night, movies, cost of tickets to events, social hour after work drinks with buddies, etc., things that you do for entertainment that you have to pay for. If you have concerns breaking it down as every attorney's office is different as to how they word things, ask your attorney.

[parsoc48]

Uh, thanks for the congrats but it's not me that's pregnant, it's Flower04...thankfully!!

Thanks Flamingo for the other input though, it's all been helpful.

[Flamingo]

Uh, thanks for the congrats but it's not me that's pregnant, it's Flower04...thankfully!!

Thanks Flamingo for the other input though, it's all been helpful.

I responded to the OP and you in the same posting and didn't indicate it very well did I? But I think you both know which I was referring to in the respective paragraphs.

[MOMof3]

Our baby (our third child) was born in April, we filed in February (2007), we were able to include all of the future expenses for our baby in our plan--even though she was born after our filing. Make sure you include that HUGE expense for diapers, wipes, formula, baby food, etc... We also included daycare costs at $200/week, and my 6-weeks of unpaid leave was also factored (although it had little effect in the scheme of things).

Congratulations & Good Luck!!

[krielly]

Is it possible that this new addition to your family will enable you to qualify for a conversion to a Chapt 7???????? It would seem that a new baby could easily add close to your disposable income in expenses to your budget, leaving little to support a 13, and maybe qualify you for a 7????

Of course, it would depend on why you had to do a 13 in the first place. Just a thought...........