Problems I need fixed

[Bkman2]

Before I filed the attorney said I/we were over the income limit by $169.40 and that after they looked at my budget I should be able to pay $257 a month for 60 months. They set the plan at $255 a month and I started paying in January.

After my 341 meeting I started to look over everything that was filed because of questions from the trustee.

1) Our life ins was put at $90 a month and its $96 a month.
2) Wife's CC's not in plan. They are about $140 a month.
Would that not lower my plan to $109 a month?

Now my auto ins went up $14 a month and my mortgage went up $17 a month (mortgage not in plan).

Would I need to fix that too and would that drop me to $78 a month? The goal was for a chapter 7. Feel like I was pushed in to a chapter 13. The best is that I checked around and my attorney seemed to be the better one for me.

What will happen if my budget plan doesn't work because of what they missed? Will that put me in a 3 year plan? Will that put me in a chapter 7? If a chapter 7 do I have to re-do all of the bank statements and paystubs or do they use what they have?

I meet with attorney on Wednesday to go over things. I send the person that did my case file an email full of questions but got no answer. Anything from the forum before I go will help me with what to say to them.

Thanks.

[justbroke]

I think you and your attorney didn't really sit down and understand the numbers. It's difficult, but not hard, to imagine that a person gets this far and realizes the numbers are wrong... but it happens. You need to sit back down with your attorney.

If you should have been in a Chapter 7 to start with, then I don't know why you let your attorney talk you into a Chapter 13. I mean, the numbers you are listing shows less than $100/month in disposable income. There's no reason to be in a Chapter 13, with a disposable income of less than $182.50/month, unless you are saving property or dealing with the IRS.

[Bkman2]

Thanks for you answer. If the numbers are lower because of what they missed I'm going to make then do it right. I think I messed up because of being stressed about trying to fix my problem.
When you converted to chapter 7 did you have to re-do everything or did you use the same information from your chapter 13?

[newbie2]

Bkman, I don't know the process to convert to a 7, but no matter what it is, it would be worthwhile for you to do so.

In your earlier thread http://www.bkforum.com/showthread.php?t=52609 from what you described, it sounds like you should have been in a Chapter 7 to begin with.

Make sure you get clear cut answers by this attorney or don't leave the office. This shouldn't have happened to you to begin with.

[becky20]

I think it depends on things OTHER than your DMI. For example, your trustee fees, any attorney fees that were rolled into your plan, if you have any assets that weren't covered under exemptions that may increase your payment, arrears payments for your home or cars, or other priority payments that HAVE to be paid, then your plan has to be at least x dollars a month. So it may be possible that your payment can NOT go any lower... You should definitely talk to the the attorney to see if you would qualify for a ch 7 conversion...

[justbroke]

When you converted to chapter 7 did you have to re-do everything or did you use the same information from your chapter 13?

Conversion is by Notice and is effective the day your Notice reaches the Court. The Court sends out an Order of Conversion and voila, you're a Chapter 7.

However, there's a bunch of paperwork that is required. You may need to submit a new Means Test on Form B22A (the Means Test for Chapter 13 is Form B22C).

In any event, I think I only refiled 3 schedules (including Schedule I and J), a new Means Test (Form B22C), some required service to creditors, and then all my new motions (motion to redeem, reaffirmations, etc).