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    We are confirmed!!!!

    Sorry for the long post, but I have been lurking again and not contributing much (sorry). Here is a not so quick rundown of what has happened since my last post (late November of last year). We went ahead and finally filed on 12/23/09 (Merry Christmas, Bank of America, WellsFargo and credit cards!).

    I was shocked but we received immediate notice that our 341 would be on 1/20 in Lexigton (bit of a drive for us). I spent the next 3 weeks worried about our 341, not because of anything in particular but because of my high income I was concerned that the trustee would ask me to pay more (we ended up proposing in our plan about 9% payback to unsecured, $480 a month for 60 months).

    Our budget was pretty modest but we felt that it was more than fair and we could definitely live with it (it even left us room to save some money at the end of the month). Finally we went to our 341 and I'm happy to report that I was worried for no reason at all. None of our creditors showed up (which was typical I guess) and the trustee did not blink at all at our plan.

    Even my lawyer was a bit concerned before the 341 because of my high income and some of our expenses (5% contribution to 401K, $558 a month on one car payment, preschool, some school expenses for my wife, etc). I was also worried a bit because I receive a yearly bonus that amounts to about 5-10% of my yearly salary. I just answered truthfully about it and said that the bonus was not guaranteed (which is not) and was not sure if I was going to get one this year (which since I found out I am and it will be bigger than normal!). Trustee was not interested in the bonus since it was not guaranteed I guess (yay!). I also get to keep any tax returns (yay again!).

    To make the long story short, today we received our confirmation in the mail! We are good to go and we are finding that our budget is more than enough to live on comfortably and have had to change very little in our lifestyle (except for the fact that we obliviously are very careful now about what we buy, where we eat out, etc). We have even managed to open up a savings account and now have a decent emergency fund which will hopefully be increased significantly with my bonus and any tax return money we get.


    In the end we ended up surrendering our old house in the west coast (which was way under water anyways) a travel trailer that was fairly new (we probably will buy another one later when we have saved up to buy it cash and used of course) and nothing else. We have a beautiful new home in Kentucky and are now ready to move on and forget about the stupid housing bubble that got us into this mess to begin with. We also have learned our lesson with the credit cards and feel that this whole experience has been a learning one for us. Thankfully both my wife and I are fairly young so we have plenty of time to rebuild our credit.

    If anyone needs any advice on the process here in Kentucky please PM me, I have spent the last year studying the whole process and became very familiar with everything (thanks to this forum as well).

    #2
    Were you forced to give up the travel trailer? We're keeping ours and are cramming it down in the plan, it's a 2006.

    Sounds like an awesome plan! Congrats! Sounds similar to ours, we proposed 12% payback though on $230K of unsecured, including a truck @ 550/month & the trailer ours is $1400/month on 150K/year income. Keeping a leased car @ $599 and student loans of $250 hoping to get confirmed with these in the budget.
    Last edited by debtinohio; 02-05-2010, 05:14 AM.
    19% dividend

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      #3
      Congrats on your plan.... I am confirmed on a interim basis until my actual confirmation in March...I am counting down the days .. Just want to get on with it !!
      After reading some of the nightmare BK stories on here I was not sure what to expect. As long as everything stays the same with employment and such I see no reason why I cant complete the plan. I am committed to it but have had to learn to live without some things I would normally just charge ...
      Those who live in glass houses should not throw stones
      Chapter 13 filed 10-21-09
      Discharged 4-13-15

      Comment


        #4
        Well, not sure if we were "forced" to surrender it, but our attorney said that our trustee would probably question our case more if we decided to keep it. Considering that we were dumping almost 300K of unsecured debt we decided that it was probably not worth it. Ours was an 06 with a book value of 15K and owed almost 26K on it (yeah I know that is the last time I buy a new RV). In the grand scheme of things it really was insignificant to have to get rid of it. I'm just happy that everything went very well (thanks to having a good attorney and decent trustee).

        Comment


          #5
          Congratulations! And I'm amazed about the bonus. Our attorney told us that they had to include his small $1500 holiday bonus as income during the 6 month prior period...which meant they actually counted it as $3k a year additional income. We told her those are not guaranteed, and it certainly shouldn't be multiplied to figure out annual income and shouldn't we wait for the trustee to argue it. But she said "you have to include and multiply it". Then again, I'm beginning to think we got an attorney that takes the case, takes the $ up front (she wouldn't include any of her fees in the bankruptcy itself...we had to pay all $3800 up front) and then could care less if her clients get fed to the wolves. It sounds like you actually have a sound and workable plan! Kudos!
          Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

          Comment


            #6
            Wow, yeah that stinks sorry to hear that. One of the main things that I got from this forum was to "shop around" for a good attorney. We took that to heart and interviewed at least 5 or 6. Our attorney just charged us $500 up front and the rest inside the plan (she was actually the one that required the least amount up front of any attorney we talked to). Like it was said time and time again having a good attorney will be the difference between having a lot of issues and just breezing through. Having a pro debtor trustee helps as well. Hopefully we will be able to have around $10K in the bank after I get my bonus this year (after having all the taxes taken out)...

            Comment


              #7
              Originally posted by TexasEx View Post
              Well, not sure if we were "forced" to surrender it, but our attorney said that our trustee would probably question our case more if we decided to keep it. Considering that we were dumping almost 300K of unsecured debt we decided that it was probably not worth it. Ours was an 06 with a book value of 15K and owed almost 26K on it (yeah I know that is the last time I buy a new RV). In the grand scheme of things it really was insignificant to have to get rid of it. I'm just happy that everything went very well (thanks to having a good attorney and decent trustee).

              Gotcha, I had one attorney tell us that and the one I selected never said a word about it. My balance was $12000 and we're cramming it down to NADA value at 9500.

              I thought if forced to surrender I would offer the bank true book value of like $4000 since it had repaired water damage (I repaired it) and would be difficult to sell without the knowledge of the extent of the damage.
              19% dividend

              Comment


                #8
                Originally posted by olivies View Post
                Congratulations! And I'm amazed about the bonus. Our attorney told us that they had to include his small $1500 holiday bonus as income during the 6 month prior period...which meant they actually counted it as $3k a year additional income. We told her those are not guaranteed, and it certainly shouldn't be multiplied to figure out annual income and shouldn't we wait for the trustee to argue it. But she said "you have to include and multiply it".
                hogwash. You may need to multiply it on the means test (one could argue that fact however), but you would not multiply it for the schedules.

                I would take the net bonus, divide it by 12 and add that in as "overtime" along with a notation that the overtime amount is your yearly bonus divided by 12. There should be no objection to this.
                Filed CH13 - 06/2009
                Confirmed - 01/2010

                Comment


                  #9
                  Originally posted by forgotten View Post
                  hogwash. You may need to multiply it on the means test (one could argue that fact however), but you would not multiply it for the schedules.

                  I would take the net bonus, divide it by 12 and add that in as "overtime" along with a notation that the overtime amount is your yearly bonus divided by 12. There should be no objection to this.
                  That sounds more reasonable, although the bonus is never guaranteed (like overtime I guess). Adding it to the list of "issues" I want my attorney to handle with our amended plan.
                  Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

                  Comment


                    #10
                    Originally posted by olivies View Post
                    That sounds more reasonable, although the bonus is never guaranteed (like overtime I guess). Adding it to the list of "issues" I want my attorney to handle with our amended plan.
                    Yeah... my bonus isn't guarenteed either, but my trustee requires any "maybe" bonuses to be estimated and included in the plan with the understanding she will not object to a plan modification should the bonus change. From postings it seems some are more forgiving about ignoring bonuses that are not guarenteed (is anyone GUARENTEED a bonus?)
                    Filed CH13 - 06/2009
                    Confirmed - 01/2010

                    Comment


                      #11
                      Only the bankers that helped to create this mess!

                      Comment


                        #12
                        TexasEx.....I think I could really use your help! Ironically, I am a Texas gal now living south of Lexington and about to go through this entire process. I need some "Advise" on a budget, something my husband and I have never really lived within. I want to get the possible possible outcome without compromising my ability to complete a 13. My email is [private email address removed by moderator]

                        Quick facts:

                        household of three (two adults, one infant)
                        own our home
                        payment on truck
                        approx $85k in unsecured debt
                        we both contribute 5% to a 401k
                        husband receives bonus of approx $1200 yearly
                        we are giving up timeshare

                        anyway, I have quite a few budget questions...my atty has not been overly helpful in his direction regarding budget...he seems to more creditor friendly....

                        PLEASE send me an email or anyone with significant budget help...

                        THANK YOU!

                        JDD
                        Last edited by lrprn; 04-14-2010, 07:41 PM.
                        Stopped paying CC Feb, 2010
                        Retained Attorney 02/24/2010
                        Filed Ch. 13 BK 06/04/2010
                        341 Meeting 07/02/2010

                        Comment


                          #13
                          Originally posted by Licoriceky2 View Post
                          My email is [private email address removed by moderator]
                          It's a very bad idea to post your private email address on an open internet forum, so I removed it. If you want TexasEx to provide personal help, then please send your email address to this member using a private forum message (PM) between the two of you. At least that's safer and prevents getting a mountain of unwanted spam in your inbox.

                          If you want budget help, there are many excellent online resources to help you. Here's a few for you to look over:

                          Bankrate.com provides a FREE home budget calculator and other personal finance calculators.

                          Living a Better Life® at BetterBudgeting.org - Free Membership


                          Good luck!
                          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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