They changed my non-exempt in my 13

[Bkman2]

My confirmation papewok came in over the weekend. I can prove I only have $87 DMI a month but they still want $255 a month for 60 months. Someone crossed out my non-exempt of $1119.00 and put $3200.00 and said it was for a car. The original paperwork that was filed didn't have the change.

Waiting for some kind of an answer from my attorney. Anyone have an idea what that means?

[SMinGA]

If the $3200 stands, it means you'll need to pay at least $3200 to unsecured creditors. Along w/ enough to cover your trustee's fee, any atty fee in the plan, and any other priority debt.

[Bkman2]

Attorney just answsered me. Said I can only exempt 1 car. Non-filing wife is on both titles. First they said I could exempt her car then take 1/2 of the value off mine for the BK. Now it looks like if I convert to a 7 because of no income I would have to pay $3200 to keep my car even if my wife is 1/2 owner and the appraisal shows it worth $4000?

So doing the math....jeep with 70K, $600 for tires, $300 for brakes, Tune up, and $400 to fix window motor on top of $3200 to keep it. I don't think so. I would rather give it up and after everything clears just find another car.

All of the debt is CC's. When I convert I will start paying the one joint account again. Cars are paid for and we are not behind on the house. We are upside down on the house by $100K and we have a homestead. The only item is my car since I can exempt her car. Wife has some stocks ($3000) and a very small back account that has some money put in from her checks every week. Attorney said its just under her name so its safe from any BK. I guess I will find out in June when I convert...


If anyone has information I should start looking in to now please let me know.

[SMinGA]

If she is on both cars, then only 1/2 the equity in each should be yours. But perhaps you/your atty means you can only claim an exemption one one vehicle and cannot use it to cover another? I don't know if it would work, but one way around that might be if you have a wild card exemption you could use?

My only caution is to be sure its what you want to do, should you wish to convert. Would need to pay atty in advance for the ch. 7 I imagine.