Payment to trustee makes no sense

[SMinGA]

Don't let your attorney push you into something you can't do.

Means test looks at the past 6 months. You want your plan to be based on income looking forward. It is the income you will have.

Then income taxes must be paid in full during the plan. Your payment must be enough to cover the taxes & trustee fees. Other than that, if no more priority debt, then how much unsecured gets paid should just depend on your DMI.

One thing I don't understand about your first post -what do you mean about not filing on your tools?

[getatnard]

Don't let your attorney push you into something you can't do.

Means test looks at the past 6 months. You want your plan to be based on income looking forward. It is the income you will have.

Then income taxes must be paid in full during the plan. Your payment must be enough to cover the taxes & trustee fees. Other than that, if no more priority debt, then how much unsecured gets paid should just depend on your DMI.

One thing I don't understand about your first post -what do you mean about not filing on your tools?

well we have a snap on truck that comes every monday. if i need a tool i buy it from him thru a payment plan with no interest. if i include the tool bill in ch 13 then he will stop doing business with me. i only owe 85 bucks but in the future i may need some things and if the possible payments aren't include i cant.

[getatnard]

just curious also i have split custody of my son. he's with me 3.5 days a week. how would that count on means test. me and his mom have joint custody

[SMinGA]

All debts get included. Trying to avoid that could mean big problems for your case - don't risk it. Maybe best to pay him off before filing, and pay for tools in advance from now on. (I see you have budgeted a $150/mo allowance for tools. If you set that $ aside in months when you don't need it, you won't need to buy on credit.)

For the split child custody, not 100% sure - but since you are claiming a large amount of child support it might be hard to also claim a household of 2? Though you should be able to claim what you actually spend on groceries, etc. Talk to your attorney.

well we have a snap on truck that comes every monday. if i need a tool i buy it from him thru a payment plan with no interest. if i include the tool bill in ch 13 then he will stop doing business with me. i only owe 85 bucks but in the future i may need some things and if the possible payments aren't include i cant.

[getatnard]

well we got it down to 810 and hopefully the trustee will take it down further than that. I know we must use the last 6 months buts its unbelieveable to think i can work 80 plus hours a week for 5 years and never need a day off.

[newbie2]

well we got it down to 810 and hopefully the trustee will take it down further than that. I know we must use the last 6 months buts its unbelieveable to think i can work 80 plus hours a week for 5 years and never need a day off.

The trustee won't reduce your payment, that is your attorneys job (and yours) to fight for accurate living expenses.

If you have to work 80 hours a week for 5 years to make your Chapter 13 payment something is horribly wrong. If you can, hold off on filing until your income is reduced to reflect your current wages, not the wages of the 6 month look back.

[momofthree]

The trustee won't reduce your payment, that is your attorneys job (and yours) to fight for accurate living expenses.

If you have to work 80 hours a week for 5 years to make your Chapter 13 payment something is horribly wrong. If you can, hold off on filing until your income is reduced to reflect your current wages, not the wages of the 6 month look back.

I agree. Can you hold off for a couple more months? Or are you being sued?

[getatnard]

I agree. Can you hold off for a couple more months? Or are you being sued?

yes i have a garnishment so thats why we decided to file. I dont go to court until august i think. I got paperwork from the court with about 5 different dates on it. Is there a way to delay the submittion of the 6 month income stubs because if i could do feb thru july that would be more accurate

[momofthree]

yes i have a garnishment so thats why we decided to file. I dont go to court until august i think. I got paperwork from the court with about 5 different dates on it. Is there a way to delay the submittion of the 6 month income stubs because if i could do feb thru july that would be more accurate

You'd have to wait to FILE until Aug. to use Feb-July as the look-back period...that said....depending on how much the garnishment is and the difference in the plan payment if you wait to file, then it may be worth another 2-3 months of garnishment if it means a cheaper plan payment for the next 5 years.....just something to think about....