motion to dismiss, considering ch 13 options.

[Harris51698]

so how does ch 13 work? does the UST take the debts owed combine those and make a schedule for thoat repayment, all the while you are still paying secured debt, rent, elec etc etc?

so on my papers (UST mnotion to dismiss or convert) it says
net mo income 1553
total plan payments 93,176
add atty fees 1500
avail for unsec creditors 85899
unsecured srbt 81615
divident to unsec creditors 105.25%

long story short, we filed ch 7 under an atty who befuddled the papers horribly, we got audited, we got motion to dismiss and she has bailed.
i have to figure out this ch 13 thing and if this is feesible. seems to me that these numbers are incredibly high with all other expenses i couldn't feed fam with creidtor 500 a check garnishment, how would we ever survive on a 1553 a mo garnishment. am i assuming corrrectly that number woudl be our monthly trustee payment in a ch 13?

Thanks,
Teressa

[enginegirl]

Have you taken the means test yet?? Here is the link..... http://www.legalconsumer.com/bankruptcy/means-test/
That should at least give you a good idea of what your monthly payment should be after allowable deductions. If the payment is still what you consider unmanageable take a really good look at where your money is going.. the plan is set so that you can live a decent but frugal life...
Be sure to be honest with yourself and account for everything... Consult with several atty's ASAP find one that you are comfortable with... they will be sure that you get into a plan that is reasonable and manageable....

It is a really really difficult adjustment... but with some good budgeting, and some sacrifices you will make it through...
Good luck to you!

[momofthree]

I believe you posted before that you have student loan payments of around $700 a month? Those would go into deferment during the term of your ch.13, so that's probably a large chunk of your payment. Feel free to post your income/budget though, and we can point out any red flags.

Edited to add: I saw your post in the ch.7 forum with your income/budget. You are clearly a ch.13 case. Since the UST came up with a DMI of $1000-ish, the payment of $1553 most likely includes your car/truck payments. However, you were also missing some key budget line items in your schedules: out-of-pocket medical, home maintenance, recreation (albeit a small amount), and auto insurance. There are so many screwups here and you are without an attorney, so my best advice is to voluntarily dismiss this case and get yourself a competent ch.13 attorney who can put together an honest and workable plan for you.

Good luck and keep us posted.

[jetsfan2010]

means test is your best first step...then talk to 2 to 3 bk attorneys to get feedback

[Harris51698]

we did talk to one atty, the day before thanksgiving. She called me back and said to come in so we could get a tentative plan together. well all she said was I need 490.00 to start and since you are already in a mess and filed we need it within 2 days. Then nada. no plan no nada. My husband and I are going to just give up. we don't have the money to pay especially that quick after lossing that 1500 to ch 7 atty. I can't believe she just flat out manipulated us and tried to scam UST with numbers. I am going to call UST monday and tell them what is going on. thanks for the input.