Background: not eligible for 7, we filed pro se chapter 7 in 2005. Was a very simple case, no assets. Discharged & closed 3 1/2 months after filing.
Filed ch. 13 in Dec. w/ an attorney. Eligible for 36 months based on income but doing 60 as can't afford enough to do a 60. 13 includes mortgage arrears & vehicle loan. (Vehicle must be paid off in the 13.) Also attorney fee & a small amount to unsecured, the way the #s worked out.
Why we're considering a dismissal: need to replace or rebuild the transmission in our 2nd vehicle (which is being paid off thru the 13). Giving it up really isn't an option. Have the money from our 09 tax refund-which the trustee wants. If we give it to the trustee in the 13 then there is no way to fix the vehicle. If we dismiss, we can fix the vehicle (spend the money). Future refunds would go to the trustee, and I'm ok with that. Refund is from tax credits, not overwithholding. Would have to pay filing fees - seems like paying a few hundred would be worth saving a few thousand.
Were originally due for confirmation last week - the attorney didn't file some necessary amendments til the day of so it got reset. They were minor things-one due to his error. He originally included a small 401k deduction for hubby in our schedules even though that stopped last fall. So our plan payment was amended to go up $25. And we bought a freezer a couple of years ago on a Best Buy card - they filed a claim as a secured creditor and so our attorney amended to show intentions to surrender it. (They want to play hard ball, they can come & get it...) Overall, I believe ours once again is a simple case. We don't live extravagantly - expenses are all reasonable & under IRS guidelines.
Last - I have found out its possible to defer student loans during a 13 - adding that amount to what we were planning to pay in the 13 would allow us to do 36 instead of 60 months.
If we refile pro se, would we submit check stubs (6 months prior to filing), tax returns, etc. directly to the trustee? And I understand that some dismissals involve a 6 month bar on refiling. Under what circumstances does that happen - and when does it not?
Filed ch. 13 in Dec. w/ an attorney. Eligible for 36 months based on income but doing 60 as can't afford enough to do a 60. 13 includes mortgage arrears & vehicle loan. (Vehicle must be paid off in the 13.) Also attorney fee & a small amount to unsecured, the way the #s worked out.
Why we're considering a dismissal: need to replace or rebuild the transmission in our 2nd vehicle (which is being paid off thru the 13). Giving it up really isn't an option. Have the money from our 09 tax refund-which the trustee wants. If we give it to the trustee in the 13 then there is no way to fix the vehicle. If we dismiss, we can fix the vehicle (spend the money). Future refunds would go to the trustee, and I'm ok with that. Refund is from tax credits, not overwithholding. Would have to pay filing fees - seems like paying a few hundred would be worth saving a few thousand.
Were originally due for confirmation last week - the attorney didn't file some necessary amendments til the day of so it got reset. They were minor things-one due to his error. He originally included a small 401k deduction for hubby in our schedules even though that stopped last fall. So our plan payment was amended to go up $25. And we bought a freezer a couple of years ago on a Best Buy card - they filed a claim as a secured creditor and so our attorney amended to show intentions to surrender it. (They want to play hard ball, they can come & get it...) Overall, I believe ours once again is a simple case. We don't live extravagantly - expenses are all reasonable & under IRS guidelines.
Last - I have found out its possible to defer student loans during a 13 - adding that amount to what we were planning to pay in the 13 would allow us to do 36 instead of 60 months.
If we refile pro se, would we submit check stubs (6 months prior to filing), tax returns, etc. directly to the trustee? And I understand that some dismissals involve a 6 month bar on refiling. Under what circumstances does that happen - and when does it not?
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