So what happens when a creditor files a claim in a CH 13? Is there a means test for CH13? Looking at my budget I can only afford to pay what my truck payment was and what my atorney is going to charge and put in the plan. What happens if the trustee comes back and says you have to pay like twice what you can afford? Being selfemployed during this economical crisis is difficult at best...not know how much I'm going to make one month to the next.
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Originally posted by Andyman View PostSo what happens when a creditor files a claim in a CH 13? Is there a means test for CH13? Looking at my budget I can only afford to pay what my truck payment was and what my atorney is going to charge and put in the plan. What happens if the trustee comes back and says you have to pay like twice what you can afford? Being selfemployed during this economical crisis is difficult at best...not know how much I'm going to make one month to the next.
A Chapter 13 is about predictability. That's why your payments are based on your projected disposable income, and not your actual disposable income. It's all in the predictability of your earnings and what you can contribute to a Plan of Reorganization.
Having wrote that, you will work closely with your Attorney to make something that works. If you find that your income isn't regular enough, you may need to Plan this a different way.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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