Which document is considered "the plan?"

[Lissy]

I am getting ready to file Chapter 13 this week. I have been over and over my draft schedules and I'm confused as to which one is my "plan." Originally, my monthly net income on Schedule J was around $1300 and my monthly disposable income on Form 22C was around $1400. My atty proposed a monthly payment of $1200 and 80% payback. However, I cannot find where this is spelled out or how he came to that. The only place I see the $1200 is in the calculation of the Chapter 13 administrative expenses.

I did find a pretty significant mistake in the calculations when I reviewed them. My payroll tax deductions were understated by almost $400 per month. So now, my Schedule J monthly net income is around $900 and disposable income on Form 22C is just under $1100. My atty is in the process of making these changes and I'm just trying to figure out what an acceptable new proposed payment might be? I'd like to file this week, but I'm not giving my atty the filing fee until he gives me a new figure. I feel the $1200 is too high and I don't think I could keep up with payments like that. I don't want to be stuck in a plan that is destined to fail, so I'm being pretty cautious and I'm so stressed out. Any advice or insight would be appreciated.

[kornellred]

You must realize that "net" income is the total amount of income that you receive, after taxes and miscellaneous deductions. "Disposable" income is what is left over after you have met your living expenses.
The Chapter 13 "Plan" is the amount you will pay on a monthly basis. It is supposed to equal your "disposable" income. For some debtors it does; for others, it does not.

You will be advised by the Standing Chapter 13 Trustee, or your attorney, or both, of the acceptability of the proposed plan prior to the confirmation hearing. Most trustees file objections to the first draft of a Chapter 13 plan. If your attorney is competent, the proposed plan upon filing will be very close to the revised plan after all of the objections have been dealt with. With the caseloads being very heavy these days, bankruptcy judges generally will not try to second-guess trustees or attorneys. There will not be any post-confirmation surprises.