Carpet before filing

[spearmint]

I need to replace some carpet in my house (seriously) prior to filing Chapter 13. I don't have the money at the moment and I am wondering if the trustee will agree to delay payments a couple of months so I can do it? How do you handle something like this?

[optimistic1]

I doubt the trustee would allow you do that. Ever think about just using some of those sticky back tiles, some are pretty stylish and very inexpensive.

Or just go get the carpet installed, and then file later.

[spearmint]

Don't have the money yet and I need to file soon to prevent wages being garnished. I'll have to swing it somehow but not sure how.

[justbroke]

I need to replace some carpet in my house (seriously) prior to filing Chapter 13. I don't have the money at the moment and I am wondering if the trustee will agree to delay payments a couple of months so I can do it? How do you handle something like this?

The Trustee won't allow you to put off payments in order to take care of deferred maintenance, unless it's a health issue.

Besides, your Lawyer can arrange a plan that pay less in the initial few months, then smooths it out later. (However, you still end up paying the same total over the duration of the plan.) I did just that... only I didn't buy carpet. Because my Chapter 13 was really done in an emergency I made the first three payments half of what they should have been. Then I spread out the difference over the last 57 months. The Trustee said nothing about it.

[spearmint]

The Trustee won't allow you to put off payments in order to take care of deferred maintenance, unless it's a health issue.

Besides, your Lawyer can arrange a plan that pay less in the initial few months, then smooths it out later. (However, you still end up paying the same total over the duration of the plan.) I did just that... only I didn't buy carpet. Because my Chapter 13 was really done in an emergency I made the first three payments half of what they should have been. Then I spread out the difference over the last 57 months. The Trustee said nothing about it.

That would it! Thanks. I didn't know that was an option.

This is such a terrific forum! It's answered more questions than my attorney has! (I ordered the NOLO Ch13 book from Amazon two days ago. Can't wait to get it!)

[justbroke]

That would it! Thanks. I didn't know that was an option.

This is such a terrific forum! It's answered more questions than my attorney has! (I ordered the NOLO Ch13 book from Amazon two days ago. Can't wait to get it!)

The kicker is, that you need room in your plan. If you have a house, you must make those full payments (plus the Trustee fees) in those initial few months. Things that you are paying off during the plan, you can pay pro rata and therefore, can spread the payments out.

For example, the first 3 months of my plan,.. I only paid my mortgage plus Trustee fee. The next 2 months were the two cars plus mortgage and Trustee. Now I'm on the full "plan" paying all my secured creditors (IRS, Cars, House) plus the Trustee fees.

I think they call this a tiered plan.

[spearmint]

The kicker is, that you need room in your plan. If you have a house, you must make those full payments (plus the Trustee fees) in those initial few months. Things that you are paying off during the plan, you can pay pro rata and therefore, can spread the payments out.

For example, the first 3 months of my plan,.. I only paid my mortgage plus Trustee fee. The next 2 months were the two cars plus mortgage and Trustee. Now I'm on the full "plan" paying all my secured creditors (IRS, Cars, House) plus the Trustee fees.

I think they call this a tiered plan.

Thanks. This is very helpful - and a relief!

[BigJohn]

Don't have the money yet and I need to file soon to prevent wages being garnished. I'll have to swing it somehow but not sure how.

You mght get a place like Home Depot to install the carpet on credit, but if your credit is trashed already, it might be hard to do.

When you file for bankruptcy, their might be some objections to the purchase.

[blindsided]

You can save a lot of money by installing carpet yourself. (I'm a landlord. It can be done. Start in a less visible room where you can make your mistakes early.)

Or you can just throw some cheap Wal-Mart rugs over the awful parts of the wall-to-wall.

Anyway, I would use money to replace aging appliances or fix a car or roof, but carpet ... seems extravagant.

[Flamingo]

I need to replace some carpet in my house (seriously) prior to filing Chapter 13. I don't have the money at the moment and I am wondering if the trustee will agree to delay payments a couple of months so I can do it? How do you handle something like this?

Is this a health problem where you would have inspection paperwork to show the trustee that this is an issue that needs to be done or you cannot live in the house? We had a leaky roof when we filed and it needed serious work but there was nothing we could do as it was not an emergency/health situation. We did have a water heater blow 4 years into our plan and we were allowed to skip a payment to pay that bill (over $500 for heater and installation). If this is a bad situation as to your carpet (i.e., health situation, dog/cat urine saturated, etc.), talk to your attorney to see if anything can be done. If it is not a health or emergency situation and you get a raised eyebrow from your attorney, you can do installation yourself during your plan (as we had to patch up the roof for 4 years until it could go not further), tear out the old rug yourself, clean up the sub floor and install something as the other posters mention. There are discount carpet marts everywhere. Unfortunately, that's just the way it is during a Chapter 13 - you do the best you can with what you have as your lifestyle drastically changes. Better times are at the end of the Plan.