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Qualifying Plan Repayment Income

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    Qualifying Plan Repayment Income

    I'm retired and will soon be drawing from my retirement funds to fund all but $1000/mo of expenses.

    Since the amount of money I remove from retirement would be discretionary and need based, how can an accurate DMI be determined? It seems to me that if I am willing to pay the fees (trustee and attorney) and priority and necessary unsecured debt from my exempt retirement assets, that a trustee shouldn't be expecting me to come up with more based on my last 6 months of income which included alimony which has ended.

    I was willing to pay @$450/mo to the trustee, which covered all amounts I had to pay (trustee/attorney/prop taxes) for 5 years. This money would come directly out of my retirement.

    Anyone have any knowledge or experience with this situation?

    Thanks

    #2
    I also wanted to ask:
    are trustee fees and BK attonrey fees tax deductible?

    Comment


      #3
      Call your lawyer to discuss this because between retirement and stopping alimony, your DMI may have changed. With luck your DMI won't have changed significantly and you just go on as you are now. But only an experienced Ch 13 attorney who writes Ch 13 frequently and knows the customs in your local court in these situations is going to be able to tell you what to expect once you start drawing your retirement.
      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 go

      Comment

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