cancel
Showing results for 
Search instead for 
Did you mean: 

Ch 13, tax refund, and maternity leave woes

tag
ktak78
New Visitor

Ch 13, tax refund, and maternity leave woes

Background:  We filed Ch 13 in Aug 2011 due to some bad real estate investments.  We modified 3 months later when our daughter was born.  We modified again in fall 2013 because I got a new job and moved the family to Alaska.  That modification hurt because my payment went up $700.   Then my husband (who has been in school full time) got a part time job in retail.  What he makes basically covers the cost of daycare, but he's doing it so that he can ultimately move up in this particular company once he graduates this summer.   However, our payments are most likely going up another $300/mo because of the way our income looks on paper.   We're in the middle of this modification and should find out in a few weeks if its accepted.  I should mention that the trustees were switched on us mid-way through our plan, and even our attorney admits that our current trustee is kind of a jerk. 

 

1 week after we turn in our modification, we discover that we are pregnant with baby #2 and due in January.  I am the primary breadwinner, and even if we are able to get our payments dropped for the time I'm on maternity leave, there's no way I can pay all of our bills on 60% of my salary (short term disability).   And as we all know, it's next to impossible to save any money for emergencies when you're in Ch 13. 

 

Then just last night, we hear from our accountant and our tax refund is much larger than we were expecting (like, $10K more!).   At first I was elated because I thought we could just put that money into savings and be covered for my maternity leave.... but after some google searches, it appears that I will have to turn over most of, if not all of, that refund to the trustee.

 

We have a call into our attorney to discuss.  I am praying that we'll be able to make a case that we need the money for not only the upcoming medical expenses, but to make up the lost income while I'm on leave.  We also have one car that is almost paid off and desperately needs a new transmission and brakes (~$3500). 

 

I just feel so defeated.  We're trying SO hard to get our lives back on track and when this is done in 2 years we will be in such a great spot, but trying to see the light at the end of the tunnel is so difficult right now.    Its hard enough to be pregnant and the primary breadwinner, but to have almost no options to save money so that we can pay our bills in 9 months is terrifying!!

 

Thanks for listening - I'll welcome any advice or commiseration..

 

 

Message 1 of 2
1 REPLY 1
serving
Member

Re: Ch 13, tax refund, and maternity leave woes

We went though almost the same thing but we had twins. 

 

You may want to see if you can convert into a chap 7 after your new child is born. We were over the median income and were still able to convert it. Before we knew it was going to be twins the attorney said we can ask the trustee for an adjustment during the time off of work. I guess as long as they know ahead of time they are very flexible. Plus the trustee will adjust the chapt 13 payments now that you have more exp. 

Message 2 of 2
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.