Hello, I just filed for a chapter 13 but I am really concerned about being able to make the proposed payment, approx $1800 a month. Meeting with trustee is over a month away. I actually retained a lawyer back in October and paid his fees by Nov. 1, but he didn't file until a week ago when I got garnished and we "rushed" through the paperwork to get things filed that day. When I had time to look over the plan that night I was really concerned about the proposed payment - he had originally estimated $1200-1300 a month, not even close to $1800.
I raised my concerns with him and he answered back yesterday that he already filed the plan and he thought it was fine, also implying that there was nothing I could do to change it.
I am worried because I will have several big ticket repairs coming up in the next year or two such as new car tires, new roof on house, new a/c and furnace. Also have a lot of dental work I've been putting off because of bills. There is no amount built into the plan to allow for repairs of what I thought were essential items. All items I listed are either failing or past the time they should have been replaced and could fail at any time. The lawyer knows I have these repairs that need to be done.
I thought the system would allow you a small amount each month to save for these kinds of things? Going over the numbers my secured debts will be paid of course, and with my monthly payment plus yearly tax returns the unsecured creditors will get >80% of what is owed to them. More than double what they would have gotten if I had filed for a chapter 7, which I don't qualify for. I have went over the numbers in the plan multiple times, there's not even in money allotted in there for me to buy lunch once a month, seriously not even $10 for that.
I just don't know what to do, my lawyer seems dismissive and I can't afford to hire another. If I can't make the payments my case will be dismissed and I will be worse off than when I started this because I will have 2 months of late fees added to my debts plus the lawyers fees lost.
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