Comments on: Chapter 13 case gone bad. http://chapter13bankruptcyrules.org/chapter-13-case-gone-bad Chapter 13 Bankruptcy Rules Tue, 02 Nov 2010 22:47:56 +0000 hourly 1 By: S P http://chapter13bankruptcyrules.org/chapter-13-case-gone-bad#comment-803 S P Fri, 01 Jan 2010 01:39:10 +0000 http://chapter13bankruptcyrules.org/chapter-13-case-gone-bad#comment-803 Feeling Mutual's post is absolutely correct. Your attorney gives and "estimate" of what your plan payment is going to be, when it comes down to the confirmation, the trustee is the final decision maker on how much you pay. Sorry, but that's how the chapter 13 works. The trustees look at everything and compute the figures by your income and everything else that is required to come up with that payment amount. With the new laws now, the bankruptcy law makes it tough to file a chapter 7, and really leaves minimal amount of money to do anything in a chapter 13, other than pay the debts thru the plan. The only thing you can have your attorney do at this point would be to see if you can convert to a chapter 7, the IRS debts would still be due, and based on your information, if the trustee objected, you probably wouldn't qualify for the chapter 7. You surely could ask, all they could say is no. Having the case dismiss brings back all your debt put interest. I would suggest cutting back on things that you really don't need. I know with the economy it is tough, but...filing a chapter 13 or a chapter 7 is never a walk in the park. You can review this website....www.bcsalliance.com and read up on some information on bankruptcy, as well as Good Luck! Feeling Mutual’s post is absolutely correct. Your attorney gives and “estimate” of what your plan payment is going to be, when it comes down to the confirmation, the trustee is the final decision maker on how much you pay. Sorry, but that’s how the chapter 13 works. The trustees look at everything and compute the figures by your income and everything else that is required to come up with that payment amount. With the new laws now, the bankruptcy law makes it tough to file a chapter 7, and really leaves minimal amount of money to do anything in a chapter 13, other than pay the debts thru the plan. The only thing you can have your attorney do at this point would be to see if you can convert to a chapter 7, the IRS debts would still be due, and based on your information, if the trustee objected, you probably wouldn’t qualify for the chapter 7. You surely could ask, all they could say is no. Having the case dismiss brings back all your debt put interest. I would suggest cutting back on things that you really don’t need. I know with the economy it is tough, but…filing a chapter 13 or a chapter 7 is never a walk in the park. You can review this website….www.bcsalliance.com and read up on some information on bankruptcy, as well as Good Luck!

]]> By: Feeling Mutual http://chapter13bankruptcyrules.org/chapter-13-case-gone-bad#comment-802 Feeling Mutual Tue, 29 Dec 2009 06:26:32 +0000 http://chapter13bankruptcyrules.org/chapter-13-case-gone-bad#comment-802 Bankruptcy is all in the math, and the trustee is good at it. A trustee does not file an objection unless the law requires it. Talk to your attorney. Bankruptcy is all in the math, and the trustee is good at it.

A trustee does not file an objection unless the law requires it.

Talk to your attorney.

]]>