Chapter 13 payment plan.

[aa06a47]

Chapter 13 plans figure disposable income. What if your attorney utilizes your montly expenses, submits a plan, lets say for 200/month and when you get in court, it ends up being 500/month.

Has anybody had that happen? I have heard of pro-se filers in that boat, but not so much attorney plans being modified substantially.

For better or worse, I think the payment plan my attorney drew up was extremely liberal on expense items. I damn near had a nocturnal expulsion when she told me what my payment was going to be. Then, I read on these forums...1500/month...1200/month...ect. Just worried I have a false feeling I can actually make this plan work.

[13inOR]

Ours didnt change a bit, but yet again it was also over $1300.
I think most good attorneys have a pretty good idea whats going to fly and what isnt.
Our attorney was very liberal too, and actually raised amounts over what we had been spending to what she knew the court would allow so as to not cut us short in other areas.

[gak555]

$1,300 per month. I take it you were well over the median income or had much higher income vs expenses. Is that what happened ? Do they literally take income minus expenses and whatever is left over goes to the creditors ?

[13inOR]

Well, not exactly, the attorney figures living expenses, (in our case, she bumped some things up to what she knew the court would allow), and basically what the court calls disposable income, which is over and above those living expenses the trustee deems necessary, is what goes to pay the plan.
We had a decent income (just couldnt come up with a huge lump sum that our mortgage company was demanding all at one time).
So in our case, our disposable amount did happen to be $1300, so that is what we had to pay every month. I have seen many people on here paying MUCH less, so it really does depend on your disposable income, Which of course varies from person to person, depending on family size and other factors.

[Jman30]

Ha! I am paying $2,275 per month!! I nearly crapped my pants when he told me that. And that was being liberal!

[NowOrNever]

Holy shmoly!!! $2275!! You must have a helluva income or not many expenses. How do you manage?

[Jman30]

Well, $1475.77 of that is my mortgage payment. The rest $799.23 is the actual Chapter 13 payment.

[Pumpkin729]

Aa...

Yes, this happened to us. Our lawyer had our first payment set at 275.00, trustee objected....second payment went to 425.00 trustee objected....we ended up at 575.00. So, yes it could happen.

[13inOR]

Yes, our $1300 did not include the mortgage payments. Those were another
$1250 that we paid directly to the company. EEK! See why we are glad to be done with the thing????!!!!! : )

[jane taylor]

Wow, I thought ours was bad! We are paying $1880 per month which includes our mortgage, car payment and the rest. I expect it to go up after confirmation to about $2000. Especially with my husband's promotion.

[13inOR]

I know Jane! I just tried to think of that $1300 as money going to pay bills and get us out of debt... it was hard along with the mortagages, but we did manage.

[aa06a47]

That is probably why my plan is so small, my house payment, car payment are paid directly by me. Otherwise, it would be $2200. Bread and water for me the next 5 years baby. Where's scammer when you need advice.

[13inOR]

Aa, Do you really want advice from HIM??????? LOL

[aa06a47]

Well, he is living in a nice house with plasma tv's and a very nice car....I'm eating bread and water. Guess too late for me!! LOL!!!

[13inOR]

So he says.....!!!!