please -chapter 13 question

Get a piece of paper and draw two columns. In one column, list your net monthly income from any jobs/child support/etc.
In the other column, list your basic monthly living expenses (food, shelter, Gas/phone/electric, clothes, insurance, car, etc). Subtotal both columns. Subtract your expenses from your income. That will be your monthly payment.

Some people inflate their expenses (ie list $500/month on hair care) to get a lower payment. Keep in mind it's perjury to lie in court. Don't put any numbers down that you can't prove a history (receipts) of really spending every month.

Your attorney will fill these forms out for you to sign, and he should show you the plan before he files it in court. If you're going to back out, you need to do it before the attorney files bankrcupty for you. Once he files and the plan is confirmed, it's hard to change the plan/pmt amount unless you can prove some sort of undue hardship.

Also, keep in mind that the monthly payment to the trustee is based on the fact that all the creditors you list on your petition will file a claim to be paid. A creditor has 90 days from the date your case was filed, to file a claim to be paid. The date of the 90 days is called the "bar date." If a creditor DOES NOT file a claim by the "bar date," then they will not be paid and that debt is basically considered discharged.

This is something you need to speak with your attorney about, but possibly your payment might be able to be modified after the "bar date," if alot of creditors do not file a claim. Again, this is a situation to discuss with your bankruptcy attorney.

I'm currently in a chapter 13, and the majority of my creditors did not file claims to be paid.

If I may ask a follow-up question to the wonderful answers i've received ( thank you) Debtcruncher stated to list basic monthly needs, but what about yearly expenses, car registration, son's tuition, co-pays for doctors, car repairs. Do they leave money for that?

You can include those. Car registration and repairs would go under transportation; there is a line item for medical/dental expenses; and you can write in your son's tuition under "other".

If you want to see what they let you list, you can download the form your attorney will fill out. Go to http://www.uscourts.gov/courtlinks/ and find the bankruptcy court in your district. Then click on the link to that court. (Each BK court has its own website).

When you're in the site for your court, look around for court forms. You'll want to go there and look for Schedules I & J. Open the forms, and you can see what the court lets you list.

thank you debtcruncher, i find the forms exactly like you told me

we have been in chapter 13 reorganization for over a year now. is there help in reducing our mortgage 8.25% rate under obamas plan

re: reducing mortgage rate unders "new" obama's plan is only if your mortgage belongs to Freddie Mac or Fennie Mae (as far I know) and there are some other restrictions, also I think you have to approch your lender and get denied before even being considered for loan modification under obama's plan as part of the BK
also I'm not sure if this only apply to new BK case or also like yours where you already in program

re: other question which was already answer "when you can still get off" it is stupied because you have to file first to find out later that your budget will be modified and you have to pay more because some of the expenses are no real...