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Chapter 13 and Stock Market

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    Chapter 13 and Stock Market

    I filed CH 13 a month ago with a high proposed payment of $2,100
    that will increase to $2,900 once my car payment end in 10 months.

    I have two questions.

    1. in the calculation (means test) for disposable income, it took into account $50K that I had in my brokerage account.
    My meeting with creditors is in late December. The plan is not ‘confirmed’ yet.

    in this meantime, my brokerage account went down to $25K, lost $25K in stock market.

    will this change my monthly payment plan?
    what can I do?

    2. how can I prevent my plan from going up to $2900. Is it feasible to request a motion to get into another car loan, therefore making those $800 payments to a new car as opposed to the plan?

    thank you
    i’m in CA and the stock market has crushed me in the last 10 years

    #2
    Welcome to BKForum!

    Originally posted by mormand View Post
    in this meantime, my brokerage account went down to $25K, lost $25K in stock market... will this change my monthly payment plan? ... what can I do?
    It will not change your payment. There is nothing for you to do. The value of your assets was set on the day that you filed. If you had liquidated on the filing date you would have (potentially) paid the creditors the $50K. That the asset depreciated doesn't change anything.

    Originally posted by mormand View Post
    how can I prevent my plan from going up to $2900. Is it feasible to request a motion to get into another car loan, therefore making those $800 payments to a new car as opposed to the plan?
    There is no way to prevent this if it's a step plan to deal with a car payment (or other secured debt payment) that is going away. The bankruptcy court and the Chapter 13 Trustee aren't going to allow you to buy another $800/month car. First, the allowance for a vehicle is $629/month. Second, if your car is functioning and relatively new, the Chapter 13 Trustee is not going to let your unsecured creditors pay for a new car.

    Originally posted by mormand View Post
    i’m in CA and the stock market has crushed me in the last 10 years
    The market can become a gambler's playground. I got out a long time ago.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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