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Just had 341 on Dec 30th, Spouse lost job today.

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    Just had 341 on Dec 30th, Spouse lost job today.

    I'm new here.

    My wife and I filed at the beginning of Dec 08 and we had our 341 on Dec 30, and all seemed well. My wife started a new, and good paying job about the time of filing. All seemed to be going well, and our plan looked like we could discharge in 3 to 4 years with 100% to unsecured (if all had claims). I already started paying $3000/mo (includes payments to secured) to trustee in December.

    But, we get swatted down today because my wife was fired after only one month. So now it looks like we will be fortunate to be able to make it 5 years and still keep our house. I have too much income for Chapter 7.

    We meet with our attorney again on Thursday. We don't have a date set for the confirmation hearing. Not sure where this is headed.
    Sorry I didn't provide more case details.... I Just wanted to vent.

    Thanks!
    IM2Stressed !!!!!

    Filed: 12/3/08
    341: 12/30/08
    Not confirmed.
    Filed 11/08, confirmed 5/09, 60 months - 100% Expect completion in May 2013 (@month 54)

    #2
    I feel your pain. Im sorry this is happening to you! Joint the club! I know that doesn't make things better, just know you are not alone....keep us posted. I am meeting with an attorney tomorrow, hopefully he will provide some much needed relief and advice as to how we are to proceed in our situation.

    Comment


      #3
      First, I'm so sorry to hear that your forward progress getting control of your finances again has taken such a derailing

      Originally posted by IM2Stressed View Post
      We meet with our attorney again on Thursday.
      Call your lawyer ASAP in the morning - don't wait. Let him/her know that your wife just lost her job. Your present plan can be modified to reflect just your income if your wife has no ready job waiting for her again within a reasonable time frame.

      Although it may feel hopeless right now, keep in mind that Ch 13 plans, even confirmed ones, can be modified when this kind of financial disaster strikes without warning.

      Discuss all your options with your lawyer. Remember we're here and ready to listen whenever you have questions or just need to vent. Hang in there and keep us posted.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Yes, by all means do as lrpn suggests. We, my husband and I, were trying to do a CH13 before I lost my FT job; after that a Ch7 was the only course we could take.

        Good luck to you!
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment


          #5
          Your situation happens quite a bit where a spouse may lose a job or have a big drop in income shortly after filing or either before or after the 341 hearing. It is not the end of the world when that occurs - just contact your attorney immediately for advice because the spouse may need to obtain a job ASAP to keep the Plan going or the Plan will have to be modified or a Chapter 7 investigated. We went through it as I lost my job one month after filing and one month prior to our 341 due to our company going bankrupt. I know your situation and what my attorney advised me to do was to get another job ASAP which I was able to do but unfortunately at $6,000 per year less, so our Plan was modified at our 341. Your situation too will be resolved so just work with your attorney and follow his/her advice.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment


            #6
            Thanks for the encouragement!!

            Thanks for the replies, it sure helps out. I stress out too easily, and didn't sleep much last night.

            Yes, I called the lawyer immediately and sent him an e-mail detailing what happened. We have a meeting next Monday with him (rescheduled).

            I'm sure everything will get stretched out to 5 years and probably no where near 100% to unsecured.
            Filed 11/08, confirmed 5/09, 60 months - 100% Expect completion in May 2013 (@month 54)

            Comment


              #7
              Why did she get fired??? Can she talk to her employer and maybe work it out? Many times people get fired for mis-communication issues. My wife was fired once and re-hired after giving her boss a day to cool off....
              Filed: October 1, 2007 341: December 10, 2007
              CONFIRMED: December 10, 2007
              Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

              Comment

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