help i have my 2nd 341 meeting on tuesday. trustee didnt agree at 1st one. she wanted to raise my payments by $700 month (this is amount i am repaying on 401k loan untl 7/20111) if my case gets dismissed do i get my money back mins attorney fees and what happens to auto loan with capital one? can i make up back payments and continue paying? please help
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Some of what you have paid in may have already been distributed to secured creditors. There is a pinned thread with useful links - I think in the general BK section - and it includes a link to the 13datacenter. You can signup for free, and if your district is included find out what has been paid.Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.) -
nothing has been paid yet. i am still trying to confirm with trustee which ius why i go back to court tuesday. i am wondering if my case gets dismissed do i have to make up back payments or pay vehicle off in fullComment
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That would depend on the lender - but I can't imagine they would WANT the vehicle back if there were other options...Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.)Comment
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401K loan payments are legitimate expenses that subtract from your disposable income. The trustee can insist that your payments escalate with the termination of the loan payments, but not until then. Your monthly payment must be based upon your disposable income.
My own Chapter 13 plan was confirmed on the basis I just described. The trustee never asked how long I would be re-paying on my 401K loan.
This fact has nothing whatsoever to do with other aspects of a Chapter 13 filing.Comment
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the trustee did question my 401k loan which is why she wanted to raise payments now. i cant afford amopther $700. if my case gets dismissed what happens then? only secured debt is vehicle through capital one. the rest is unsecuredComment
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BrokenNYmom, please contact your lawyer to sort this out. You may have misunderstood. I'm thinking it's likely that your trustee wants to increase your payment by the $700 you are currently paying on your 401K loan, but not until after you pay it off in July 2011.
Call or email your lawyer to get the real scoop. Understand the facts of this situation first, and then only if the facts support it, worry about being dismissed.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 goComment
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the trustee clearly wanted to increase my payments in january which is why my 2nd 341 is on tuesday. my attorney wasnt there his second was. i clearly told the trustee attorney that i couldnt pay the increase now which is why it was rescheduled again for tuesday. i am having a HARD ENOUGH TIME MAKING THE PAYMENT OF $1330 A MOTNH SINCE 75% OF MY INCOME is based on comission. my biggest fear is if the plan doesnt get confirmed is capital one going to want a check for 13,000 or are they taking my vehicleComment
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