Contemplating pregnancy chapter 13

[codingirl79]

Contemplating pregnancy. Year into chapter 13 I am 42 and we are doing well with the bankruptcy plan. However, I am 42 and I want a child with my Husband. This would be my second child. I want to know if I can lower my trustee payment or convert to a 7 and not lose our home and vehicle which is current on payments.

[shipo]

Contemplating pregnancy. Year into chapter 13 I am 42 and we are doing well with the bankruptcy plan. However, I am 42 and I want a child with my Husband. This would be my second child. I want to know if I can lower my trustee payment or convert to a 7 and not lose our home and vehicle which is current on payments.

Possibly, a conversation with your attorney should be your next step.

[justbroke]

When you have life events such as marriage or birth of a child, you should definitely be talking to your Chapter 13 attorney. Whether or not the transition to a Chapter 7 will work will be a question of what you own and whether you were behind in payments at the time of the Chapter 13.

[codingirl79]

Hi,
Thank you for your responses. My attorney stated below: Doesn't really help me much considering I am planning based on a possible lower payment for my 13 or conversion to 7. I am current on all bills. I have a mortgage but not much equity as we have had home for 5 years.


median income per family size is calculated twice a year. If your family size increases in the next year, we will review the new threshold and your income and advise accordingly.

[justbroke]

Your Chapter 13 plan payment could decrease. I say could decrease because the reality is how your plan is structured. If you have no disposable monthly income (DMI) being paid into the plan, there's no way to adjust the Chapter 13 plan payment. The other possibility is conversion, but that depends on how your district deals with conversions. In some districts, you can only directly convert when you qualify based on your forms as initially filed. Other districts allow a new Schedule I/J and/or Means Test to be completed and will base the ability to convert on what those forms yield.

The reason your attorney's office wrote that information is because the calculations are adjusted semi-annually. Your attorney can't give you a good number until they are certain you'll be within a particular time-frame. These are not published more than a couple of months into future. The currently available numbers are now available for cases filed/modified after 4/1/2021.

[codingirl79]

Thank you, where can I find the info for means test? My chapter 13 I believe included disposable income. How would I know this?

[justbroke]

You should be able to find a mention of your disposable monthly income (DMI) in your Order Confirming Chapter 13 Plan (or your Chapter 13 Plan as submitted for confirmation). This is known as your confirmed Chapter 13 Plan.

You can find the current expense guidelines on the United States Trustee Program's Means Testing page. You'll see a section labeled "To locate the data and multipliers applicable to a bankruptcy case, select from the following drop down list the time period in which the case was filed" with a dropdown. The dropdown contains the date range.

It is then divided into different types of expenses. Some are nationally based and others are regional, state, or even down to the county/city level.

https://www.justice.gov/ust/means-testing