Looks like our 13 will be dissmissed

[sassiebaz]

So, after the Trustee has sent an objection letter before confirmation, my attorneys are recommending we let the case dissmiss. Here is why. They neglected to show my income in the original filing. So now that I have gotten a new, decent paying job it looks as though we may end up paying the Trustee up to $2K instead of the $100 a month we have been paying. That would kill us. I have been planning on going back to school and looks like now is the time to do so. We are elgible for ch7 in May of 2011. So, does any of this sound like a decent plan? I am so stressed out! I just know between the time we get a dissmissal and are eligible to file again, we will be sued! How could we not be? This is so frustrating! Please send your feedback!

[espo1357]

Take care of yourself (eat good, exercise, sleep good).

This will pass.

[optimistic1]

Sassie, have both of you filed a Chapter 7 before? If you incurred the debt in question during your marriage, in your state, one person can file on behalf of the community as a whole, and you can discharge all of the debt. They would have to object to the non-filing spouse discharge during the case, they most likely wont.

[ccfriend]

If you payment to the trustee will be $2000 a month will you be eligible to file chapter 7?
I wish you the best!

[indebt00]

I am bumping this old post because I have been following your progress since we are both in AZ....

so looking for a Sassie update

[sassiebaz]

UPDATE:

I just quit my job and we will respond to the Trustee in 2 weeks. My lawyer recommended I focus on school in order to be able to afford our pay back plan to the Trustee. He of course asked if we could afford for me to make this transition and although it will be tight, there is no way I will work full time, pay daycare and then pay $2K in the plan. No point in working. Thats my opinion on it atleast. Im not looking for other opinions on that matter. This is what is best for our family. However, our game plan is to continue on with our current payment, and me go back to school. Once our 8 year mark rolls around from our last ch7 filing, we will get our case dismiised and file a 7. This has been more stressful than I ever imagined. But, everything happens for a reason. I trust everything will work out.....

[andysmom]

Sassie,
we're just beginning our chapter 13 road- going to file end of this month or beginning of next and I certainly am right there with you on the stress & anxiety level.
I completely agree with your decision & would do the same myself. I'm a stay at home mom w/ a 3 year old & there's no way I'd work full time & pay for daycare - which would eat up most of what i would bring home & then pay the rest to a trustee.
Family is too important, as is your education. If you didn't take this opportunity to go back to school now, who know's if you'd ever have the chance to do so in the future. I think your lawyer is right on & I wish you & all of the rest of this in this situation the very best outcome possible & hope for a much brighter future

[indebt00]

UPDATE:

I just quit my job and we will respond to the Trustee in 2 weeks. My lawyer recommended I focus on school in order to be able to afford our pay back plan to the Trustee. He of course asked if we could afford for me to make this transition and although it will be tight, there is no way I will work full time, pay daycare and then pay $2K in the plan. No point in working. Thats my opinion on it atleast. Im not looking for other opinions on that matter. This is what is best for our family. However, our game plan is to continue on with our current payment, and me go back to school. Once our 8 year mark rolls around from our last ch7 filing, we will get our case dismiised and file a 7. This has been more stressful than I ever imagined. But, everything happens for a reason. I trust everything will work out.....

I remember reading that your payment was going to go up...so since you quit...it stayed the same? That would be nice for you.
I think you have a good plan.

[sassiebaz]

Well, assuming that by the time we write a letter to our attorney in regard to my income, I will officially be "Unemployed" how could my payment go up? Then again, maybe they will make us payback all of the months that my income was unaccounted for? Im not 100% sure what the Trustee will say about my income, it may make our payment go up, it may not. We'll just have to wait and see....

[indebt00]

keep us posted

since we have the same Trustee I am interested in hearing what goes on. We have not heard anything yet.

[sassiebaz]

Indebt....according to my lawyer, our Trustee is about 6 months behind. There are so many people here in AZ in our same situation. My hope is that we can continue on with our same payment, get our case dismissed at the end of the year and then file ch7 in May of 2011. That is our best case senario. I hope things work out in your case too. We are filing our taxes next week. I believe our Trustee wants all NET tax refunds. Which means whatever we get back from federal, we can pay state and whatever is left over goes to Trustee. That is how I understood it from our lawyer. Let me know what happens for you and I will do the same...

[indebt00]

Indebt....according to my lawyer, our Trustee is about 6 months behind. There are so many people here in AZ in our same situation. My hope is that we can continue on with our same payment, get our case dismissed at the end of the year and then file ch7 in May of 2011. That is our best case senario. I hope things work out in your case too. We are filing our taxes next week. I believe our Trustee wants all NET tax refunds. Which means whatever we get back from federal, we can pay state and whatever is left over goes to Trustee. That is how I understood it from our lawyer. Let me know what happens for you and I will do the same...

we will do.
as far as tax returns he can have them...we barely got $400 this year and I don't see us getting more than that next year.

[BKchapter13]

we pay out 1416 a month, we have also been dismissed due to the ill advice of our attorney, insuffcient funds, he told us that keep checking our back account for electronic withdrawals and never told us to pay by check, so we filed again thank goodness and this time sent checks and I make it a habit to read as much as I can because some attorneys dont even now, sorry to the bankruptcy attorneys that know thier business but that wasnt our case, sitting at the objection meeting for two hours waiting for my attorney was just horrible and the trustee surely reprimanded him for that, at least it wasnt us two hours late.. but anyways I think you have an alloted time to I think four months to re instate your bankruptcy case with a revisement to your plan. I think once that time elapses its a four year wait before you can claim another bankruptcy.. good luck and talk to an attorney that specializes in bankruptcy..