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Help or advice w/chapter 13 plan, please!!!

Submitted by on Tue, 09/28/2010 - 14:46
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Is there a certain % that you have to pay back to your creditors in a chapter 13? I am still in the process of getting a plan together for a chapter 13 and any advise would be great. I keep getting conflicting stories. I am keeping my house. I am keeping my car and I only owe a year on it. I have a second mortgage and there is questions as to that having to be paid or if it is considered unsecured debt. My lawyer has come up with a payment of 2000.00 a month for 60 months and said that is the best he can do because of my payments on house, car and second mortgage. He said I have to pay back at least 20% to unsecured creditors. He said his payment and the trustee payment is 462.00 a month. I am in Ohio, is this correct, it sounds high? I am thinking about switching attorneys because I just don't think he has my best interest in mind. He took all my charitable contributions away and some of my monthly medical bills in the plan. He also says I can not count money going to my oldest son because he is away at college. We are suppose to be making monthly payments to the college too and that is after all loans, grants and scholarships (333.00 payment). The plan is not confirmed and I am ordered to be making monthly payments to the trustee and I just don't have it all. Now I am borrowing money to pay the trustee, this is not going to be any better than before. Please help with any advice on the plan. Does anyone know what can be counted on the budget and what can't? Is there anyone that has been through a similar situation?


Certain things you just have to give up for a chapter 13...like charitable donations. If you cant pay your own bills, you cannot be paying others. Same thing goes for childrens educational costs. Technically your child is an adult and is legally responsible for his own bills including tuition costs. If your son cannot afford to be away at college, he should be attending a local college.


Submitted by SOAPLADY on Tue, 09/28/2010 - 14:54

SOAPLADY

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