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Need Some Wise Wisdom

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    Need Some Wise Wisdom

    Here is my situation: I filed Chapter 13 in June of 2008. My husband did not file with me. When I filed my husband had just started a new job. (During the previous six months income there were about 2.5 months that my husband was not working.....he did not get unemployment because he quit his job when he returned from a military deployment with the Reserves) Anyway, he is a mechanic and his income is based on the jobs he does. The first month he worked at his new job he had a great month of work. When I filed they based his portion of the income on that one month.
    Our annualized income ended up being around 102, 000.....so of course we were over the median. Since that first month of work my husband has rarely had a month at that amount. I pulled out our tax return and our income before taxes was $85,000...since our plan was based on around $102,000 would it make any difference on my plan to bring this difference in income up to my attorney? I am currently paying $225 every two weeks.

    Thanks for the input!

    #2
    Originally posted by ccfriend View Post
    I pulled out our tax return and our income before taxes was $85,000...since our plan was based on around $102,000 would it make any difference on my plan to bring this difference in income up to my attorney?
    Yes, I would say that making $17,000 a year *less* as a household than what your Ch 13 plan is based on could definitely make a difference.

    Since your husband's income decrease has been consistent since the one high month, discuss with your lawyer whether a plan modification is possible and what changes in your payment amount might result from it.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      I spoke to my lawyer's office today and one of the attornies said that I should come in next week with 6 months worth of my husband's pay stubs and she would run the numbers to see if I can start paying less. She also said she would check into converting to 7 but I think I am over the median.

      Comment


        #4
        Originally posted by ccfriend View Post
        I spoke to my lawyer's office today and one of the attornies said that I should come in next week with 6 months worth of my husband's pay stubs and she would run the numbers to see if I can start paying less. She also said she would check into converting to 7 but I think I am over the median.
        Sounds like a plan. Let the lawyer do his/her job. Good luck!
        All information contained in this post is for informational and amusement purposes only.
        Bankruptcy is a process, not an event.......

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          #5
          Yes, certainly let your attorney re-run your numbers. You never know!
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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