Filed Chapter 13 - Auto/Income Issues

[bschmidt8180]

I recently filed Chapter 13 (July 2010). I work a very commission based job in a very seasonal area. So pretty much my income drops a 1/3 in the winter. Last year I had a 2nd job that help with the drop in cash flow. This year I've been unable to find a part time position that will work with my day job. My Chapter 13 is $475 a month and is fairly tight with my summer income. I'm extremely worried about what is going to happen when I get to the really slow part of the year and don't know what to do. Also, I work in outside sales (I drive my own car), my car is getting to the point where it needs repairs, is almost at 80,000k and I'm worried I won't be able to fix it if it breaks down which will make it so I can't work. It's also a large part of way my payments are so high (it was a good 50% of my debit). Any recommendations on what I can do? I am quickly approaching the 910 days of having my auto loan.

B

[mtngirl47]

When your income drops you can file with the Trustee to lower your payments. I'm not sure of the process, but talk to your lawyer. This is why folks plan their bk for the 6 month look back for when their income is lower. Talk to your lawyer, make him work for you.

[Pandora]

when you filed for your Ch. 13 - you included your income for your 2nd job that wasnt a guarentee? Why on earth would your lawyer even recommend that if it wasnt steady income and guarenteed every year? Makes no sense. You should have been able to fund your entire plan based off of your regular job's income, which should have included car maintenance - and because you cannot, the plan wasnt feasible and shouldnt of been approved based on just what you're saying. This is why alot of 13's end up getting dismissed or converted to 7's Are you certain you didnt qualify for a 7 based on both tests (means and schedules) and you got pushed into a 13 by your lawyer?

Any way you can collect partial unemployment and still work your FT job? Sometimes you're able to do that... I know my brother did when he worked in construction a few years back. Winter time they always laid off and/or cut back hours and he would draw.

The 910 day rule shouldnt apply to you at this point because you already filed - I believe it only applies beforehand, not after.