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HCLegal, Attorney
Category: Bankruptcy Law
Satisfied Customers: 423
Experience:  I have filed over a thousand bankruptcy cases.
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I have chapter 13 case pending Pro Se. My only creditor is

Customer Question

I have chapter 13 case pending Pro Se. My only creditor is mortgage. My bank has filed an objection to my plan and request for dismissal. The hearing is April 19th. I am working on loan modification with my bank. I need additional time to amend my plan and allow time for modification and create plan to reflect higher plan payment if modification is not achieved
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  HCLegal replied 5 years ago.

HCLegal : Hello and thank you for your question.
HCLegal : What is the reason the mortgage company wants the case dismissed?
HCLegal : You can file an amended plan to resolve the objection issue. Usually hat means you did not include enough in the plan to pay the ortgage arrears
HCLegal : Please provide me with a little more information and I will be able to assist you more.
jennzorro :

I put that I have step payments in the last 42 months of payment of $10K. My disposable income is only $3300 Debtor will not be able to handle burden Plan is unfeasbile and plan fails to pay all disposable income. My current plan payment is $250 a month

HCLegal : You have to pay all of your disposable income into the plan
HCLegal : Did you mean that your total monthly income is $3300? Or that your disposable income after all your expenses is $3300?
jennzorro :

Disposable is $3128. trustee states that my DMI is $4687. I can adjust my income because I am self employed.

HCLegal : You are required to provide the trustee with a profit and loss if you are self employed.
HCLegal : And you an just make up the numbers to suit your needs.
HCLegal : Why is your plan payment only $250? How far behind are you on your mortgage paymens?
HCLegal : What is your mortgage payment?
HCLegal :

If you want me to assist you then I need more information from you. Please answer my questions above.

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