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Chapter 13 bankruptcy. Questions for anyone who has filed it please. sm

Posted: Jul 27, 2011

We have been in chapter 13 for a year. Our payment keeps going up. However, I found some interesting information from the IRS for expense list that my lawyer did not include in our expenses and we have for expenses. Has anyone dealt with this? If so, what could you include in expenses? Did your lawyer include these expenses later? Sorry to sound stupid, but just trying to get some help. Believe me, we did not want to file but had no option.

;

Chapter 13 - Anon

[ In Reply To ..]
We just got out of a chapter 13 so I understand your stress. Your payments should be the exact same every month as outlined in your chapter 13 plan, so I do not understand why they would go up and up. Our attorney said to include everything, everything in our expenses such as the gym membership, clothing allowance, entertainment, everything. We had missed a couple of payments due to awful circumstances of the economy and had to file ammendments to our plan that caused our payments to go up, is that what is happening with you?

I just know this is a scary stressful time, being in a bankruptcy. And don't beat yourself up any about it, it happens. You cannot change the past but only go forward and learn from your mistakes. I have friends who filed years and years ago because they would not stop living beyond their means (they were able to file a chapter 7) and worked hard to rebuild their credit but once they got it they started living way beyond their means again and then he lost his job last year and has been unable to find anything in his field and makes more off unemployment than going to work for Lowes or McD's so he is still not work a year and a half later, but this hit them so hard they went to their church and went through..... I think it is the Larry Burkett program about handeling your finances and they are doing okay now.

I would really question your payments going up and up though, you can always contact your trustee to find out why, ours was very helpful (well his office was helpful did not get to talk to him much).

I am sorry that you were put in this situation and wish you many blessings for your future!

I admire you are trying Ch. 13 - and trying to pay your bills but (SM)

[ In Reply To ..]
I tried the same thing and in the end I had to convert to Chapter 7. At first I felt guilty because I was also taught to pay my bills but, in the end, the burden of making payments to the trustee and still having money to live on became too great. Honestly, in retrospect I wish I had just filed Chapter 7 from the outset. In the end, your credit score suffers nearly as much, if not just as much, from filing a Chapter 7 and it does a Chapter 13 and you have to wait 4-5 years to even begin re-building your credit. With a Chapter 7 you can begin building your credit much sooner and have money to live on much sooner because $500+ a month is not going to the trustee. I filed Chapter 7 in October of 2007 and the case was discharged in January of 2008. I was able to get a car loan and credit card by April of 2008. I never actually got the car loan because I did not want to get back in the same vicious cycle and the credit card I use only for absolute emergencies. If you don't ultimately learn to live below your means, you up will end up in the same situation again. Now, that my credit has been clean for 4 years now, for the most part it is like the BR never happened. No problems with utility deposits or anything like that. Occasionally, the BR will rear its ugly head, as some people will not touch you credit-wise for 10 years. It happens just often enough to be a brief, painful reminder but not often enough to be a real problem.

Also, in most cases, you can still keep your house and/or car as long as you make the payments on time.

Just my 2 cents. You have to do what is best for you and what your conscious tells you to do.

Thank you for your input. sm - Cooper

[ In Reply To ..]
The trustee says since we are making more money now than when we filed, we have to pay more. They are trying to raise it from 500 to 1500. I know that we are barely making the 500. I asked my attorney today for a copy of the budget he filed and I was shocked. There is pretty much no expenses in it (I.e. school lunches, work lunches, internet, etc). I think he had 50 dollars a month for clothes for 4 people. Heck my 13 yo son goes thru shoes every 2 months as he is growing like crazy. Needless to say we have a meeting with the attorney again.

Thank you for not making me feel bad about this. You are probably the only person that has not responded in a negative way and I really want to say thank you!

Your welcome - I know this is a difficult time (SM)

[ In Reply To ..]
I am glad I can help somebody, if just in a little way, get through a very difficult time. I know you must hear the snide and judgmental comments of others, who have have no idea of what you're going through or how awful things must have become to get to this point, but please know there are many out there that have had to do this. Unfortunately, a lot of people do not know that the right to declare bankruptcy is part of the US Constitution. It was included as one of our fundamental rights so people wouldn't have to go through lives unduly burdened with debt. Debtors prison and indentured servitude were often the penalty in the Old World for getting into debt, regardless of the circumstances (death, sickness, loss of income, war, pestilence) and our Founding Fathers felt that those punishments were inappropriate in the society they were seeking to create.

Good luck to you and your family. I hope you can work with your attorney to come to a suitable arrangement with your creditors. Know your rights and do not agree to pay more than you feel is reasonable. Also remember that not all BR attorneys treat their clients fairly or act in their best interest. Do not be afraid to seek other counsel if you feel your current attorney is not actively working on your behalf.

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