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cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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My husband and I just attended the trustee meeting of the creditors.

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My husband and I just attended the trustee meeting of the creditors. Because I recently got a job, the trustee stated that under "Lanning" my projected income should be used (instead of past 6 months as our attorney had told us). The problem is that my husband and I had recently decided that I would quit the job so that I could care for our infant full time. Daycare is too expensive and the baby has been getting too sick there. Our attorney is saying it is still ok for me to quit my job, but we would feel more comfortable with another opinion. We are starting to worry that we may need to start looking for a new lawyer.

cortrightlaw : I guess this answer really rests on wether or not the trustee believes your reasoning for leaving your job. He needs to really believe your intent and not think that you are abusing the bankruptcy process. If you have a good attorney he or she should be able to provide you good guidance. I assume that with the income added in you no longer qualify?

Thanks for your response. The re-payment plan was almost completely based on my husbands salary. I only went back to work mid-November and our bankruptcy petition was filed the end of December (so I had only received 2 or 3 paychecks at the time of filing). We will still qualify (Chapter 13) -- I think the Trustee feels that we should have a higher re-payment amount. I don't want to do anything that would appear to be abuse...any advice?

cortrightlaw : Ok that makes more sense if it is a chapter 13 your income if employed must be used when determining the plan so adding your income in at this point would raise the plan payment. If you need to quite your job and he trustee does not believe that at this time you have two options, getting the plan confirmed now at the higher payment amount and them going back in for a modification after you have proof of the lower income, or you can dismiss now if there is nothing urgent pressing you into bk and refilling once your income adjusts.

Thanks so much for your help!

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