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    Payment size?

    I may be filing chapter 13. My question is this: How large are the payments going to be? My situation is that I have about $1200 coming in monthly due to job losses. Now we are barely able to make ends meet at all. Medical bills and many others are piling up to the tune of $50k, which to us is extremely significant. How does the court decide the amount of the payments for the CH 13? I mean we can barely keep gas in the car for my wife to get to her job, let alone make a giant payment in a BK. I considered filing CH 7, but I filed once 5 years ago so I couldn't file yet anyway, plus I would like to TRY to pay back something this time. Any help would be greatly appreciated, we are getting desperate.

    #2
    It appears you will have to wait it out and file Chapter seven again. 1200. 00 isn't enough to live on. Just tell the creditors not to call, it will stress you but you have to look to your health and welfare first. Have you talked to your Attorney?
    "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

    Join the Mobile Infantry and save the world. Service guarantees citizenship.

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      #3
      Will they still call? Also, what if they try to garnish our wages? Then we definitely won't be able to get by. I'm just unsure about these things. If you could let me know, that would be fantastic!

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        #4
        garnise wages.

        Originally posted by outtacash
        Will they still call? Also, what if they try to garnish our wages? Then we definitely won't be able to get by. I'm just unsure about these things. If you could let me know, that would be fantastic!
        I think they have to get a court order, and you will be going to court
        before they can take your wages. the court will have to approve
        the money they are looking to take, they cant take what you dont have.
        people have this notion, when someone brings up "we are going to garnish" that is an overnight deal and you will not konw about it.. the quickest garnishment that i know of is child support, or any type of support of that type.

        my wife had a company call her at work one day, this is really
        funny, they said they wanted to garnish her wages, they asked
        her to sign some forms so they could take the wages, sure..we
        will jump right on it, they would had to taken us to court to legally
        take any money from her check.

        I would not worry about this until you get some sort of court document
        saying you need to appear in court because of a garnishment issue, then
        you need to acquire an attorney to put a stop to it.

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          #5
          With only $1200 in income, you won't even be elibible for a Chapter 13. Unless you get more income, you will have to wait.

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            #6
            Well, thanks guys. I appreciate the information. I guess I'll just have to wait. Now do any of you happen to know wether the 6 year span between the BK's is from the date I filed, or from the date it was discharged?

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              #7
              how to file a motion to chapter 13 bankruptcy court. I want to refinance my mortgage to a lower rate. what documents are needed to file a motion with the court, and how must motion be worded.
              Last edited by vze1yvrc; 01-12-2005, 09:47 AM.

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                #8
                Originally posted by vze1yvrc
                how to file a motion to chapter 13 bankruptcy court.
                I have plans to refinance and start anew.
                Last edited by vze1yvrc; 01-12-2005, 09:43 AM.

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                  #9
                  Originally posted by vze1yvrc
                  how to file a motion to chapter 13 bankruptcy court. I want to refinance my mortgage to a lower rate. what documents are needed to file a motion with the court, and how must motion be worded.
                  I have a lender who is ready to pay off bankruptcy cost and refinance my first and second mortgage. I just need help with filing the motion as stated above.

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