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Means Test & Ch 13 pymt question

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    Means Test & Ch 13 pymt question

    When I do the means test, I have a DMI of $162. Will THAT be my payment..... or do I need to add into that the "Average Monthly Administrative Expense of Chapter 13 case", in my case $323... AND add in the car payment, which as I was told (by two attorneys now), I would take the balance of my loan and divide that by 60 months and that would be my "new" car payment?

    So.... would my payment be:
    DMI ($162) only = $162
    DMI ($162) + Car ($193) = $355
    DMI ($162) + Admin Fee ($323) = $485
    DMI ($162) + Car ($193) + Admin Fee ($323) = $678

    I'm so confused

    #2
    I'm no expert but it's my understanding that your "official" DMI is what your plan payments will be. That is why the paperwork is so important so your DMI will be accurate. Your DMI is what the trustee will use to fund your repayment plan.
    Hope this helps.
    Just keep reading and it may start to make sense. I think there is a FAQ thread somewhere that explains the basics.

    Comment


      #3
      Originally posted by JenR View Post
      When I do the means test, I have a DMI of $162. Will THAT be my payment..... or do I need to add into that the "Average Monthly Administrative Expense of Chapter 13 case", in my case $323... AND add in the car payment, which as I was told (by two attorneys now), I would take the balance of my loan and divide that by 60 months and that would be my "new" car payment?

      So.... would my payment be:
      DMI ($162) only = $162
      DMI ($162) + Car ($193) = $355
      DMI ($162) + Admin Fee ($323) = $485
      DMI ($162) + Car ($193) + Admin Fee ($323) = $678

      I'm so confused
      The Trustee's fee will be automatically taken out of your DMI. Sounds like your attorney is "cramming down" your car. Is the car loan older than 910 days? If so, you will be paying the "new payment" inside your plan, so it will come from your $162 DMI.
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

      Comment

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