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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
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Experience:  JD, MBA
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Me and my husband filed chapter 13 about 4 months ago. We

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Me and my husband filed chapter 13 about 4 months ago. We are having to pay 100% of our debtors. The home we live in is in the plan. After we pay the trustee, we are left with barely enough money to live on. After paying bills, elect. water, car insurance, etc. We are flat broke, leaving hardly any money for food. Our lawyers says there is no gaving on the payment plan. I feel that it just isn't right. I thought that only part of a persons income was to be used to pay off the debt, not most of it.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 6 years ago.

Hello and thank you for allowing me the opportunity to assist you.

In a Chapter 13, all of a debtor’s disposable income must be used to pay off the creditors (side note: a debtor is the party who owes money; a creditor is the party who is owed money). When your plan was formulated, it took into account what you would need to live on, and all extra funds were designated to go to the trustee. Therefore, it makes sense that you would be flat broke. In addition, the courts have ruled that debtors are expected to use “good old fashioned belt tightening” in bankruptcy cases. Therefore, your standard of living may be lower than what you were used to, but the court would simply view it as living within your means. Of course, I’m assuming that you’re not actually starving or doing without basic essentials. If you are, then your plan can be modified. If you believe that you are living without essentials, then I suggest you discuss this with your attorney again, or get a new attorney.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

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