Omg - No Confirmation Yet & Trustee wants to raise pymt by $500!

[karm43]

Been waiting for my confirmation. I think I am not gonna make it. The trustee wants to leave me with nothing he fighting the old car credit and my retirement plus they only let me claim half my phone. I can't cry anymore over this he wants to raise it almost 500 dollars which leaves us with NOTHING NOTHING I think i was better off before plus I could get a income tax check now. My payments were cheaper. plus they could only garnish so much. I deserve the retirement just like everyone else. Then if thats not bad enough they get my income tax. If it goes up this much i wont have anything for anything. Unbelieveable why would he do this to me.

[karm43]

I guess if i dont buy food or turn my heat on i might be able to use that money.

[karm43]

My husband said where gonna have to drop it there is no way we could do it.

[kornellred]

Something is not right. Your disposable monthly income is what is left over after all of your monthly obligations are taken care of. That is all that can be used as a Chapter 13 plan payment. Chapter 13 is not a punishment. You have to be able to live and work and earn money to complete a Chapter 13 plan. You have to sit down with your attorney and be very specific about how much money you need to keep on going. Whatever is left after you determine how much it costs your family to live is your plan payment. It is not rocket science.

[ValleYum]

Does the judge ever make the final decision about these kinds of issues in a Chapter 13?


Karm: I took the liberty to change your thread title a bit hoping to get you more answers/opinions.

It has been my experience in forums, that the more good info we put in the title, the better the responses received.

[LadyInTheRed]

Does the judge ever make the final decision about these kinds of issues in a Chapter 13?

Yes, if an agreement can't be reached before the confirmation hearing. If the trustee is being unreasonable, the karm43's attorney should fight for her.

[karm43]

Well I have to say my attorney is fighting for me, 368.00 I quoted 500. 200.00 was for the old car that they do not have to allow and it is old, and the othe retirement. He is proposing again so Nov 27 another hearing. I was so stressed yesterday! Sorry, I have to vent somewhere nobody knows where in bk. He would not allow my full phone bill so put 50.00 instead of 120.00 thats for 2 phone nothing fancy eithe,r so ok and I had to put less for my cable and internet because afterall luxury.Attorney emailed me, he is doing the best he can I know he is. I hope I at least get the retirement credit or I will just stop it and pay.

[karm43]

I know, problem is, everything I put down is pretty much what I pay except for clothes.

[mwr1ght2002]

My attorney is doing my budget. I found this to be odd! But my plan wil be 100% I asked him today if he can put 50.00 in the budget for a emergency fund. He said the Trustee in my district would never allow it so he would have to add it to other things. I hope things start looking brighter for you Karm43!!

[HHM]

Do you have an attorney?

It is NORMAL to receive objections from the trustee and for the trustee to nit-pick a plan.

The old car credit, unfortunately some recent case law has come out on that issue stating that the old car credit is NOT part of the bankruptcy standards, so you will probably lose on that issue.
Need more info on the retirement, namely, what is the issue. I assume you are probably talking about retirement contributions? How much are your contributing, when did you start.
Not sure on the half cell phone issue, that seems odd.

However, keep in mind the cardinal rule of chapter 13's, the debtor is required to devote ALL disposable income to the plan, so the idea is that you will not have anything left over at the end of the month, but you should be able to live within the budget.

[karm43]

I think I am just the lucky one, at the 341 he didn't really question the other people alot but as soon as I got up there it was one after the other. My area was one that got hit hard with flooding so most of the people there were flood victims. Anyway I put 3 percent switched jobs right before 341 for a dayshift, was working 2 jobs before then and putting 4 percent. Its really not that much. My hub was working 12 hrs now the company swithed to 8hr shift so he has to drive 2 more days, more gas. I know they do not have to let the car credit in. Oh he even had my house appraised I gave them the appraisel from the county which I received, turns out it was 20 thousand less then what I paid for it, wonder what that was about, plus they only do outside, the inside needs work. I think he thinkd im hiding something. We are really watching every penny.

[karm43]

Thought I would be able to save something. My attorney told me calm down it will work out, so I have to hope so. I should be happy we have jobs.

[karm43]

I am contributing about 170.00 month and hub about 50.00.

[Pandora]

He would not allow my full phone bill so put 50.00 instead of 120.00 thats for 2 phone nothing fancy eithe,r so ok and I had to put less for my cable and internet because afterall luxury.Attorney emailed me, he is doing the best he can I know he is. I hope I at least get the retirement credit or I will just stop it and pay.

If your bills are higher than what your trustee is allowing, then you need to make sure you adjust in other areas of your budget for the TRUE amount, else you'll fail your plan. Something doesnt sound right here though - I agree with kornellred - you're allowed X amount for certain things. Are you an over median filer?

If your trustee isnt allowing at least the IRS standards, then something is seriously not right; unless you're trying to keep assets, thereby raising your plan. As to tax refunds - if it means letting them go back to the trustee so that you can afford your payment, so be it - it's money you're not using currently, so to speak.

[Redsox]

We had the same problem with our Trustee. The trustee kept objecting to everything for 2 1/2 years. Finally my attorney called her and said we have met all your stipulations and was going to just file an order of confirmation and let the judge decide. The judge in my district is very reasonable. Lo and behold our plan was confirmed. But we literally have 20 dollars after all the bills are paid...sucks.