top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Chapter 13 questions- filed /341 meeting monday

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Chapter 13 questions- filed /341 meeting monday

    Hi & first thanks to everyone who has answered questions & given me advice over the last few months of contemplating, then inevitably filing for chapter 13.
    My husband & I filed chapter 13 jointly in May. We have our 341 meeting Monday and am scared as can be- I know fromreading on here things usually go smoothly there but I'm worried about what happens afterwards.
    So far only about 1/3 of the amount we owe to creditors has been filed as claims. Not quite sure why the rest haven't filed.
    What are the chances to a trustee objecting to the plan your lawyer sets forth? We are bareley above the median in our state (by a few hundred dollars) & w/the means test, didn't qualify for a chapter 7. Our chapter 13 payment is really low but we owe alot of credit card debt. No secured debt- other than house, which we're keeping & is being paid outside the plan.
    Our lawyer said nothing to worry about at this point- he did the budget strictly according to guidelines and basically there's not much left to work with that's why the pymt is so low.
    Also, what happens if the trustee does object to the plan? do you know this at the 341 or is it sometime after? And if he does object, what happens next?
    Is there a chance that you wouldn't be "allowed" to file / finish a chapter 13 plan?
    We've made our 3rd payment- 4th one goes out this week.
    Thanks in advance to all who reply.

    #2
    The trustee may ask about things in your petition - to confirm accuracy. (Mistakes happen, afterall.) Assuming your income & expenses are listed correctly, and there is nothing unusual in your expense - you should be fine.
    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


      #3
      Thanks-
      nothing unusal at all- just the normal stuff that was on the schedule- we don't have car loans, no daycare/childcare, no extras added. We had the stuff listed plus trash fee (city fee) of $185 a year, Mine subsidence ins. at $98/year, 2 term life (and disability ins on my husband) policies at about $60/mo -been in place for over 10 years, i think the lawyer put $50/mo for entertainment or whatever he called it, we don't have cell phone bills- mine's prepaid track phone at about $6/mo so didn't even list it & my husband's is paid through work.
      Hoping everything goes smoothly. I just want this done & behind us so we can make our payments & go on with our lives.
      Thanks everyone.

      Comment


        #4
        Don't worry too much about objections, most cases have at least a few (according to my attorney) and most are routine. We had 15, but they were primarily due to mistakes my attorney's office made on the paperwork and I knew about them ahead of time. Objections don't mean you can't be confirmed, just that you need to make adjustments or provide additional information before your confirmation hearing.

        Our trustee asked a bunch of questions and then listed his objections verbally at the very end of our 341. He ran through them really quickly and there's no way I could have remembered all of them, but not to worry -- the next day I found them all documented on PACER, and I got a copy by mail within a few days. Your case sounds pretty straightforward, but if there are objections, you and your attorney will both receive them by mail so your next steps will be pretty clear.

        Good luck! And don't sweat the 341, it's quick and relatively painless. It's also fairly common for creditors to wait to file their claims until close to your bar date, which is probably sometime in Sept.
        DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

        Comment


          #5
          Trustee is just doing the "management" thing when they come up with objections.

          Its all a joke. Just be honest, and you will be fine.

          the system sucks because they seem to think we are stupid, and they are smart. At least that has been my impression with the courts.

          Comment


            #6
            Thanks everyone!
            I've read lots and lots of these posts on the forum but somehow the reassurance I get from hearing these response helps calm my nerves a bit.

            Everything we submitted is honest & upfront. We have nothing to hide. We made some stupid mistakes, had some medical bills insurance didn't cover charged to credit cards, I had a baby & became a sahm- so my income was gone for the last 3 years, helping out family who we thought needed help more than they really did, and unfortunately I think our biggest mistake was the last year - year and a half before filing not realizing the writing on the wall and doing everything in our power not to file chapter 13 and used all of our cash to pay the credit card bills & house pymt and lived off the cards. I know STUPID! I wish I could go back in time & change things but I can't & am trying to deal as best I can. The credit cards raising the aprs to nearly 30% and doubling/tripling our payments is what finally put us over the edge. But honestly, we were so far in there was no way out without doing this. I just wish we realized it sooner- but pride and an 800+ credit score and never even being a day late on anything ever- kept us from "pulling the trigger".
            I just want to move forward.

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X