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Ammendment with no changes to repayment?

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    Ammendment with no changes to repayment?

    My attorney sat with me to go over our income as well as expenses, line by line. However, she only asked me about cars that have me listed as the debtor. So I did NOT list my husband's car that still has a note since it is financed ONLY in his name. He is NOT filing. I thought about it and called her back to clarify whether or not we should have listed his car and she said, "Yes, we should have listed his car." She suggested that we ammend the original filing after the 341 hearing which is coming up in a month. Does that make sense? She also said that this will not change my payment. Why not?

    If it makes a difference... I'm doing a 60 month 100% payback. My payments are $711 a month based on all household income but NOT including my husband's $440/mo car note.

    Thanks in advance!

    #2
    No one?

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      #3
      Household income, as well as household payments should be listed. If it doesn't exceed the vehicle expense allotment, then it should affect the payment on your plan. Especially if his income is being counted toward it. When is the note up on that vehicle?

      I think your attorney is a jackwagon.
      Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
      Motion to Discharge: FILED!! 08/07/13
      60 down/0 to go \m/(*.*)\m/ 100% complete!

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        #4
        Down - DH has 6 or 7 months left to pay on his car. And I just realized that I did not list his IRS tax bill. ****!!!! :-( It seems I think of something new every couple days. I'm writing it all down to discuss with the attorney and bring up in my 341.

        Thanks!

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          #5
          Another question... When do amendments need to be made? My 341 meeting isn't until April 26th. I want to be certain that a few things are noted:
          1) My income has gone down within the last 3 months (I work on base plus commission) I want to be sure that this is taken into consideration.
          2) My husband has a $440/mo car note
          3) My husband also has a $3,000 tax bill

          Does it make any difference if DH is in school? He is not actively repaying his student loans but does have about $30,000 worth of student loan debt. Or will this only matter next year when he is to begin repayment?

          Thanks again, all!

          Comment


            #6
            Originally posted by NewChanges4 View Post
            Another question... When do amendments need to be made? My 341 meeting isn't until April 26th. I want to be certain that a few things are noted:
            1) My income has gone down within the last 3 months (I work on base plus commission) I want to be sure that this is taken into consideration.
            2) My husband has a $440/mo car note
            3) My husband also has a $3,000 tax bill

            Does it make any difference if DH is in school? He is not actively repaying his student loans but does have about $30,000 worth of student loan debt. Or will this only matter next year when he is to begin repayment?

            Thanks again, all!
            Since your 341 isn't until the end of April you really shouldn't wait until then to discuss all of these changes with your attorney. Call and make an appointment to sit down with your attorney again (not a paralegal, but the attorney) and have the amendments made before your 341.

            I have no idea how student loans work in a Chapter 13 plan, so I'll leave that question to others who have been there / done that.
            Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
            I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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