First payment to trustee submitted today

[DOA]

Ok, Our 341 hearing for 13 is next Thursday, and I made our first "plan" payment today. My attorney of course submitted the plan, and has warned me the "plan" is subject to approval by the trustee, but I should start making payments. So I am. Also, my attorney spoke to the trustee's staff attorney when she submitted the plan 3 weeks ago, and told them if there was any issue to please let her know, as she wants to work with them to get it through painlessly, which the staffer told her was refreshing and that if any red flags came up she would call her to get changes made. Well, as of today, no calls to my attorney from the trustee so I am praying this is going to go through without a hitch, no creditors are going to show up, and we begine our road to 36 months of recovery. Thats the funny thing, I filed 7 under old laws in August, they converted me to 13 in January, and my attorney filed it as a 36 month plan. Isn't the new law that it HAS to be 60 months? Or can they accept a 36 month plan? I'm so confused I just want it to be confirmed and on the way.

[SinkingFast]

You originally filed Old Law so your BK is being handled under Old Law rules.

Good Luck!! Hope your plan get's accepted, you have no problems, and you get your plan paid off in 3 years.

[arkienurse]

Ok, Our 341 hearing for 13 is next Thursday, and I made our first "plan" payment today.



My attorney of course submitted the plan, and has warned me the "plan" is subject to approval by the trustee, but I should start making payments. So I am. Also, my attorney spoke to the trustee's staff attorney when she submitted the plan 3 weeks ago, and told them if there was any issue to please let her know, as she wants to work with them to get it through painlessly, which the staffer told her was refreshing and that if any red flags came up she would call her to get changes made. Well, as of today, no calls to my attorney from the trustee so I am praying this is going to go through without a hitch, no creditors are going to show up, and we begine our road to 36 months of recovery. Thats the funny thing, I filed 7 under old laws in August, they converted me to 13 in January, and my attorney filed it as a 36 month plan. Isn't the new law that it HAS to be 60 months? Or can they accept a 36 month plan? I'm so confused I just want it to be confirmed and on the way.

So when the trustee asks you if you have made a payment on your plan yet, you will be able to to say yes sir I have, which feels good. I actually saw a person have their case dismissed when we went to our 341. We were dead last so got to hear everyone else. One lady when asked if she had made a payment said, no they were supposed to payroll deduct but they didn't. The trustee asked her why he should think she would be able to stick to the payment plan when she had already missed a payment, and sent her packing.

[LostOne0069]

DOA, why'd they convert you to a 13?

As for the 60 month thing... according to what I've read, if you're above the median income then 60 months will be required... but below the median income it's not required.

[DOA]

Well, the 341 was today. Trustee office person was the same one that served as a witness at our 7 341 hearing when they 707'd us to convert. She didn't like the plan, said she hadn't received ammended I and J schedules, wants more money, yada yada yada. Funny that all the schedules show up on PACER, but SHE didn't have them. Not a good day. Filed ammended plan this afternoon to their office before they could file the objections. If she accepts I'll be broker by $300 a month, but it will be confirmed next Wednesday. Chapter 13 is a raquet. They are trying to attach my step daughters $700 per month educational order cash from her dad as our income. Sad thing is, when she graduates, it ends, she is auto emmancipated. So we'll see where it all leads. And this all going on with my attorney leaving for Spring Break with her kids to Florida in the morning. CRAP!

[love2kidz]

DOA, why'd they convert you to a 13?

As for the 60 month thing... according to what I've read, if you're above the median income then 60 months will be required... but below the median income it's not required.

Exactly what I would like to know also. Why did our attorney put us on the 36 vs. 60. Would I not do better stretching out the $ over 60 rather than 36? Would the plan amount be smaller over 60? My attorney said it doesn't work that way. The plan is based on your available income regardless of the no. of months. huh???????

[aa06a47]

Exactly what I would like to know also. Why did our attorney put us on the 36 vs. 60. Would I not do better stretching out the $ over 60 rather than 36? Would the plan amount be smaller over 60? My attorney said it doesn't work that way. The plan is based on your available income regardless of the no. of months. huh???????

That is the way I understand it. If you have 1000 of disposable income per month, then you would pay 1000/month until you have either completed the plan, or paid 100% to the creditors, whichever comes first.

[SinkingFast]

Exactly what I would like to know also. Why did our attorney put us on the 36 vs. 60. Would I not do better stretching out the $ over 60 rather than 36? Would the plan amount be smaller over 60? My attorney said it doesn't work that way. The plan is based on your available income regardless of the no. of months. huh???????

You started your filing under Old Law so Old Law rules apply. Old Law got shorter terms than New Law does. Most New Law plans are 60 months.

What's your pay back %? My understanding is,........... If you're less than 25%, then if you went into a 60 month plan, you'd be paying the same amount for 60 months instead of 36 months. If that's the case, be glad for the 36 months. You get outa "jail" 2 years sooner.

[aa06a47]

You started your filing under Old Law so Old Law rules apply. Old Law got shorter terms than New Law does. Most New Law plans are 60 months.

What's your pay back %? My understanding is,........... If you're less than 25%, then if you went into a 60 month plan, you'd be paying the same amount for 60 months instead of 36 months. If that's the case, be glad for the 36 months. You get outa "jail" 2 years sooner.

Question, if your laywer says your chapter 13 plan will be say 200 / month, and you make your first payment of a 60 month payment plan, then at your 341 meeting, he tells you it is 300/month, do you have to make up the 100 you didn't pay the first month, or do you just pay 300/month for 59 more months?

[katze]

It is up to the Trustee. He may ask for the extra money or he may not.

[DOA]

Well, I went on PACER today, and I see nothing filed since our amended I & J on the 23rd. So, does this mean the trustee didn't file objections to our original plan as they stated they would? The papers from the court said the 29th was the deadline for filing objections. Or does this just mean that PACER hasn't been updated yet? I haven't received anything in the mail yet either.