Trustee objections and confusion!!

[joekel]

Hi everyone we filed for chap13 on July 20th . Aug 12th had 341 everything went well so we thought. Sept 3 was notifiied of trustee objections. She objected to private school tuition $675 and adjusted income $350 dollars a month last paragraph of objection stated we should be able to pay $2125 a month for 60 months totaling $127,500 over 60 months. Our lawyer had us paying $1200 a month starting Aug first. Met with him yesterday said we should start paying $1550 in Oct. I am confused he keeps telling us that we will not have to payback any more the 100% of what is owed. Here are our numbers $75,000 in unsecured debt 2 month mort $5000 plus trustee 7.8% and $2500 atty fees My annual salary is $110,000 my wifes is $19,500 The $1550 a month totals $93,000 which would be closer to everything owed. Also not all creditors have responed yet. Could someone please help us we are getting confused and very stressed $2125 a month making us very nervous

[unclerico]

Hi

Private school tuition is a tricky one to slip in. Our trustee asked about the private school $705/mo. We explained aside from religious beliefs and her attending for over six years that her neurological disorder would be impacted by the emotional upset of transferring to another school along with her ability to learn. All she asked for was a letter from her Ped. neurologist and a statement from the school.

Do you have a good defense against the objection to the private school? It also sounds like your atty can maybe work out the whole payment thing, you likely will pay more but maybe not as much if your atty can fight it.

[joekel]

Trustee objections

Atty basically said it is our sacrifice even though we pulled our youngest from the private(catholic) school we left our middle one in since it is her 8th grade yr going to public tech school in the fall oldest is a jr in hs has all honors and ap classes excellent student. Our public schools are ranked in the lower 25% in NJ they our rough. I just can't understand how we can pay more then what is owed also forgot vehicle value of $4500

[rrockinggramma]

you can't pay more than what is owed. So is the trustee thinking that if all claims are filed that is the amount.

The other issue going on here is that your attorney is fighting for the 1500 spread out over 60 months. If you pay the higher amount then your case ends quicker. Maybe that is where the trustee is at as well.

Too bad New Jersey doesn't have schools of choice program like Michigan.

[bklawn]

Hi everyone we filed for chap13 on July 20th . Aug 12th had 341 everything went well so we thought. Sept 3 was notifiied of trustee objections. She objected to private school tuition $675 and adjusted income $350 dollars a month last paragraph of objection stated we should be able to pay $2125 a month for 60 months totaling $127,500 over 60 months. Our lawyer had us paying $1200 a month starting Aug first. Met with him yesterday said we should start paying $1550 in Oct. I am confused he keeps telling us that we will not have to payback any more the 100% of what is owed. Here are our numbers $75,000 in unsecured debt 2 month mort $5000 plus trustee 7.8% and $2500 atty fees My annual salary is $110,000 my wifes is $19,500 The $1550 a month totals $93,000 which would be closer to everything owed. Also not all creditors have responed yet. Could someone please help us we are getting confused and very stressed $2125 a month making us very nervous

That is the question I have. Can the trustee change the amount to pay back even when the DMI say a amount and the Sche J, I are close to the the same as the DMI.. It is like they wont you to not make it.. Now I'm say with no asset to sell in a chapter 13 the DMI should be what you pay you unsecured