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    New to Forum Chapter 13 question

    Ok here is my situation I have lived with my girlfriend since 2003. She filed for chapter 13 about 18 months ago. Lawyer said since we lived together my info had to be figured into the means test so it was. Today we get a letter from the lawyer asking if my truck payment and my personal loan are paid off. Was told in the letter that if we didn't get this info to the lawyer in the next few days chapter 13 would be dismissed.

    My question is why do they care about my payments? Will my girlfriends payment plan change because I no longer pay 260 dollars a month on my truck? Also if they are going to use my info to make her payment change shouldn't they take into consideration that 9 months ago I went from a insurance plan that i paid nothing for prescriptions to a plan where i pay the first 1500 now. Thanks in advance

    #2
    Originally posted by kev7554 View Post
    My question is why do they care about my payments?
    Your gf's trustee is thinking that if you may now have extra income because your truck and loan have been paid off since she filed, that extra income may now be going towards supporting the household. If it is, then that could change her Means Test figures to show additional disposable income.

    Your gf needs to call her lawyer asap to discuss the impact of the trustee's request on her plan. You need to provide the requested information plus the changed insurance out-of-pocket expenses since she filed to her lawyer. Make sure the lawyer sends the requested information on to the trustee well within the due date.
    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
      Just makes me mad that 6 months ago when my hours got cut back from 48 to 38 a week the lawyer said nothing he can do but when my loan gets paid off they come looking. You would think it would go bothways. Our all chap 13 budgets this tight I understand no disposable income but damn if her payment goes up I don't know how we can stay current.

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        #4
        When we made a modification to our CH 13, ALL the changes were taken into account, not just the ones in the trustee's favor. But if you don't provide them with the entire story, all they know is that your loans are paid off and so you should have some extra $ now. Her lawyer should be working on this for you, and I'd have her tell the lawyer that! They should have helped out when the work hours changed to start with, mine did.
        Filed CH 13 September 17, 2007
        Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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          #5
          In my case my son's income was added onto mine. Honestly, he is 20 yrs old and making a little over mininum wage...
          Sometimes, I wish I would have not even mentioned that he lived with me ..
          Those who live in glass houses should not throw stones
          Chapter 13 filed 10-21-09
          Discharged 4-13-15

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