07-03-2013 07:59 AM
I saw my lawyer july 1 concerning my base plan...we have paid all but one creditor and we owe 125.96 and our trustee is making monthly payments of 18.36....I needed to know what happens if we havent met the base plan....He said we owe at least 8 more payments..Our 5 years ended in may of this year, he says our trustee will take the extra money (18,800.00) and continue paying our creditors more than the percentage that was agreed upon...I was hoping that May was the last payment made, but it looks like we will be going 5 years and 8 mths...
07-03-2013 12:47 PM - edited 07-03-2013 01:01 PM
Just wanted to update my story. In April, I contacted my lawyer's office to ask about buying a house. We were told if we could find a lender that would approve us, he would submit our request to the trustee's office. I found a mortgage lender (thanks to myFICO community) who gave us a conditional loan approval for $206,900 pending the trustee's approval. Our projected mortgage payments would be double the amount we paid for rent. Our lawyer didn't think our trustee would approve the loan or new housing payment, but I submitted an amended budget to show we could make the payment without modifying or jeopardizing our current Ch13 payment. A week later, the trustee sent us an approval letter. We did a VA loan with 0 down payment, and got the builder to pay all of our closing costs and prepaids. We started this process on April 17th and closed on new 4-bedroom 2.5 bathroom home on June 21st. http://www.zillow.com/homedetails/Lot-106-Griffin-
07-03-2013 02:41 PM
Thanks so much for sharing but I am so, so sorry! I had no idea they could make you/us pay for more than the agreed upon 60 months. I thought that was the law, that you couldn't be made to pay more than 60 months. Did you miss any payments or is there anything exceptional about your case that may explain this? I am sure that you were counting down those months (as are we) and that had to have been a terrible blow. Praying that these last eight months/payments go by quickly.
07-03-2013 02:42 PM
That is awesome news! Congratulations and best wishes in your new home! Thanks for sharing!
07-08-2013 11:57 AM
Thanks Math_Rocks for your kind words....i too thought 60 mths was the maximum that you could go. we did get behind 2 payments in may 2012 but made them up by august 2012...we had wv workers comp file a claim on a 9,000.00 debt that we did not owe, but cannot prove, or get anyone to listen to us about it, but that raised our mthly payment 60.00...Our trustee has changed our base 3 times, and the paralegal said looks like 8 more mths...I said I thought 60 was the max, and he said the trustee can go as long as she wants...looks like she has set it at 69 mths, so you have to pay that which amounts to 18,800.00 and she will just send that extra money to the creditors that are listed. they agreed at the beginning of this process for 12% but looks like they will now get 30%..This whole process has just given me such a enormous headache, I look forward to when it is over....Everyone have a great day!!
07-09-2013 02:01 PM - edited 07-09-2013 02:02 PM
Just wanted to say thank you to everyone who is sharing their journey with Ch 13. My husband and I have just had our free consultation with an attorney and feel that it could be a good solution for us. It is extremely helpful to read all of these posts so I can make a list of questions and concerns for our attorney.
I am also very curious as to why the payment and time would be increased - definitely something we will discuss with our attorney if we go this route.
08-14-2013 06:41 AM
We are in a chapter 13 payment plan which ends in January 2014...I had a accident where I fell in a parking lot and the large corporation refuses to pay 37,000.00 worth of medical bills..Can I add these bills to our chapter 13 plan even though we are close to being discharged?
**Never look down on anyone, unless you are helping them up**
08-14-2013 07:59 AM
Oh dear! I'm so sorry to hear this!
I do NOT think that you can add new debt this far into your bankruptcy but hopefully others will chime in here. In fact, I think this is one of the "downsides" of filing that another poster argues: that once you file, if you suddenly have huge medical debts, you can't file again. I hope that it all works out for you and that you completely recover both financially and physically.
08-16-2013 11:20 AM
Ahhh... It is so nice to read the experiences of others! I am so darned ashamed & aggravated that I'm even here. I'm 23 months into my ch 13 60 monther. I somehow managed to run across this searching for what to do when you total your vehicle that is being paid outside of the plan. I guess I get to walk to work next week (51 miles) while I figure this out. lol I have an incompetent lawyer that I'm in the process of trying to change. *sigh* Thank you for letting me vent!
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