sporatic income???

[Limitman]

I am about to file for a 13....problem is I know the trustee here requires wage deduction but work has been slow for a month or so and I expect it to be slow for a few more months. So right now we are working maybe 3 days a week on some weeks and other I am collecting unemployment. What happens when the wage deduction hits one of those weeks of unemployment? It might take so much money out that I can't make the house payment and I end up being late on that. Not sure how to handle this. I do have a lawyer and I will talk to them I was just wondering if anyone else has ever been through this. Thanks

[justbroke]

I really don't know what to tell you. A Chapter 13 is supposed to only be for those with regular income and it is specifically because of the problem that you mention! You can't just keep changing your Plan or amounts you pay due to extreme fluctuations. I really have no good advice in this case.

Now, I did have a plan with built in "steps". That is, my payments started out about 1/3rd of what they are, then after 3 months, went to near full payments, and now are full payments through month 15, then go down a little through month 60. However, my income and expenses are 99.44% predictable.

[Limitman]

Yeah not sure what to do either.......on paper I do make between 60 and 70,000 per year but mostly because of overtime when we are busy. Do you think the trustee will see that and not confirm the plan or maybe force me into a 7 even though I am over the median income? I work in construction so right now because of economy it's day by day at work. I do know that my 13 will probably be one of the failures not because I'm being negative but because of the work situation. Thanks

[justbroke]

Do you think the trustee will see that and not confirm the plan or maybe force me into a 7 even though I am over the median income?

Being over-the-median is not what you worry about when filing for a Chapter 7. The issue with not getting a discharge in a Chapter 7, is having too much disposable income, per the Means Test calculation (and Schedule I/J). Why do you need to file a Chapter 13? Is your calculation of your disposable income moving you into a Chapter 13?

[Limitman]

Well I saw the calculation it shows me around 200 disposible income per month, I think that was before all of this slow time at work so now I'm not sure where I'm at. I am pretty sure the attorney is going to file within the next few days. I do have a truck with equity and a boat without equity both going inside the plan. I am almost at the point now that I don't care to keep either one and just keep the house and hopefully the economy will get better. They did call and ask me if I would be working steady in the next few weeks and I said I have no idea....which I really don't know.

[justbroke]

Keep us up to date on which Chapter you will file under.

[Limitman]

ok will do

[Billssuck]

My husband's income is steady, my pension is steady, but my job isn't. I am guaranteed one day a week and I am on call the other five. I am usually called in to work at least one day extra a week...but...it is isn't steady. Basically, we just averaged out what my salary is over a year and used that figure as a monthly income amount. It stinks because 2 months ago I was working alot but this month has been slow. I'm trying my best to save whatever I can in the good months for the slow ones but it is a learning process with the ch13.

So...it is possible to file with sporadic income in a ch13. BTW the wage deduction is taken from my husband's employer that is steady...

[Limitman]

Ok here are details but I don't have paper work yet. Truck is inside plan, give back the boat and my plan the attorney says would pay back about 1400 a month on a 6 month lookback however now work has been very slow and will be slow until the 341 meeting she is going to try a 60 day lookback and that will lower my monthly payment to around 1000. She says hopefully the trustee will be ok with this. It's definatly a 13 and should have paperwork soon. Will keep you posted as to how it goes. She also says that if we do get slow at work and I collect unemployement to try to still pay the trustee by other means......not sure I can do that where does that money come from???? Well it's kind of a sad day knowing I have to give up the boat but also I know I will have a fresh start and can hopefully get to the point of being able to have some peace financially.