HELP !!! Not sure what to do ??

[klandsb]

As you can tell from my title I am in a panic. I filed on 10-22-09. With the draft copy of the bk I was to pay $ 1179.00 a mth for 60 mths which includes secured & unsecured. It would be tight but I would do it. Sent in 1st pmt past Thursday for $ 1179.00.
So today I get a notice from the attorney's office with my 341 meeting date.
It states on there my pmts are $ 1611.00 a mth for 60 mths. This is a
$ 432.00 difference from the draft I recieved. There is NO way I can pay this amount plus everything else. Called the paralegal she said sorry this can happan sometimes. The attorney reviews the case and the amounts do change. Ok , so is a $ 432.00 a mth increase in pmts reasonable ?????????
The original said 18% payback to unsecured ...Now it states 71% payback to unsecured. I am just so upset ... I can't commit to a 5 yr plan for $1611.00 because I know I could not do it...
She is going to have the attorney call me and I want to tell him that it was very inconsiderate to not contact me about the amount of difference and exactly were did he come up with that figure ....
I dont know what to do... Any advise would be greatly appreciated !!!

[UpsideDownMI]

It is possible that your payment was increased to make your plan feasible. Either way your attorney should have informed you of the increase before filing. If it was not increased due to feasibility, order your attorney to amend your plan to an amount that you can afford.

[justbroke]

There may be other things in your plan that caused your payment to go up. This may include what's known as "liquidation" value of things that you would have liquidated in a Chapter 7.

Sit down with your attorney and have them explain every line on your Form B22C (Means Test).

[walkthaplank]

I agree, you need to find out the math behind the change (especially before you really panic). When my payment was doubled by our trustee I about keeled over dead right then and there. Had she explained how she got that number and what it would take for me to be able to pay that amount it would have avoided the near coronary.

[klandsb]

Heard not a word from the attorney today !!!! So I guess I will be tossing and turning all night. I just dont get why he would file a petition with a increase of over $400 and not consult me first. Is this normal /legal for attorneys to do ??? I mean the draft petition I signed stated I agreed to pay the lower amount/ I would never have signed the petition with the larger amount on it because I just cant afford it .. I am getting more ticked as time goes by.

[justbroke]

Please try to relax. Until your confirmation hearing on the Plan, you need to just work with your attorney to figure out if that number is what must be paid. Things don't happen fast in a Bankruptcy, so you should call your attorney again tomorrow. Mondays are usually very busy for an attorney and they were probably in Court all day.

Now, if he doesn't return your call by tomorrow end of business, then you should put pressure on the attorney.

It sounds like you two need to sit down and go over the numbers, again, and make sure that you understand them. I understand your frustration.

[klandsb]

Yes, I know I should wait to hear from him before I get so flustered. I just have this gut feeling that maybe I picked the wrong attorney/law firm.

Have you heard of puppy mills, well I am thinking I have a bk attorney mill.... I thought I was doing the right thing because all they do is bk's. Time will tell...

[justbroke]

Have you heard of puppy mills, well I am thinking I have a bk attorney mill.... I thought I was doing the right thing because all they do is bk's. Time will tell...

We use the term "bankruptcy mill" here, and it's a pejorative term.

[JimKutkowski]

What is going on in the Western District? I hear so much of this nonsense and it always seems to be out of the left end of the state. I thought those trustees were more laid back.

Your B22C doesn't matter as much as your Schedule I and Schedule J. Schedule I minus Schedule J = your available income to pay debt. Your payment cannot be higher than this number, if it is, your plan will not work.

If your lawyer offered an amended plan based on faulty numbers, you need to fix it. Your plan should never be higher than Schedule I minus Schedule J

[klandsb]

Ok...I just went thru the draft Sched I minus Sched J is the $ 1179.00 they originally sent me on the draft.... ughhhhhhhhhhhhhhh

And Jim you are correct the plan at $ 1611.00 will not work because I cant afford it


Justbroke: I had to look up that word in the web dictionary. A disparaging, belittling, or derogatory word or expression....

[klandsb]

So I looked "again" at the paperwork I received today. It's from the bk court and not the attorney's office / it had the attorneys office as the return address ..My Bad !! So is this like a counter offer from the trustee/bk court then ??? And is there were my attorney has to prove my expenses vs income ????

[Flamingo]

You really need to sit down and talk with your attorney. It is so easy to flip out when there is a change. When we were given our original figure in our chapter 13 case I just could not understand how on earth we could do five years oif those payments to unsecured and then pay our two mortgages on top of that. It would be a bare bones existence but we wanted to keep our house. You need full explanations from your attorney as to exactly why the increase took place.

[walkthaplank]

So I looked "again" at the paperwork I received today. It's from the bk court and not the attorney's office / it had the attorneys office as the return address ..My Bad !! So is this like a counter offer from the trustee/bk court then ??? And is there were my attorney has to prove my expenses vs income ????

Nope, this is common. That is the notice of bankruptcy filing (and probably CH13 plan) as filed with the court. It probably has your 341 information on it. Did you go in to your attorney's office and review the paperwork before you signed? Mine had us meet for a little over an hour going page by page over the filing, signing and initialing as we went. He also told us what our proposed payment and CH13 plan would be. You don't get a "counter offer" from the trustee until your 341,at least in our court. In our court you have your 341, the trustee counsel tells the lawyer all of the stuff he did wrong and what expenses they are objecting to and what it will take to get them to recommend confirmation. We then have the confirmation hearing that afternoon and your attorney can either argue why the trustee was wrong before the judge or agree to the trustee's changes.

[klandsb]

Spoke with the attorney today. Not sure what his reaction really was. Explained what I got in the a mail yesterday and he said oh when is your 341 ?? I told him the date and then asked why my pmt plan amount went up $ 432 a mth. He said well u know it does include your mortgage and such ...Um yea ,but this is more than I can afford honestly. He said who was your paralegal ?? Told him. He said well just show up for the 341 and in the meantime I will look at the paperwork. I said did you or will you get a copy from the trustee stating how they came to this pmt amount .. He said yes. So I asked about the pmt I sent in last week being $ 432 short from the trustee pmt and he said I need to send in the $ 1611 each mth ....So I guess I will pick $ 432 off that money tree in my backyard .ughhhhhh,, Then he said something like well by spring we should know more when we see how many creditors file claims & what the amount truly is.. I might be able to get it lowered ...Might is a scary word to me... I'm feeling really deflated

[justbroke]

Then he said something like well by spring we will know what the amount truly is.. I might be able to get it lowered ...Might is a scary word to me... I'm feeling really deflated

Doesn't sound very helpful. I changed my payment plan upon all 3 of my amendments to my plan before confirmation. While you can't change payments already made, you can certainly change the plan pre-confirmation for any payments after the amendment.

I guess what I'm trying to say is... wow. Your lawyer is really lackadaisical.