Hello everyone,
Basically, the title. I had my 341 meeting this week, and it did not go as well as I’d hoped.
I’m in a 100% plan. It’s all I qualify for, because of my income. My petition filed with the court took all of my unsecured debt ÷ 60, to get to a roughly $900 number – inclusive of the trustee’s cut and my attorney’s fees.
However, the Calculation of Disposable Income has my disposable income at roughly $1,200. (This was using canned IRS formulas, that of course, don’t consider high COL areas. I don’t actually have that much left over every month.)
The trustee objected to my petition, and is demanding I pay the $1,200 disposable income – which, $1,200 × 60 = about $72K, which is almost DOUBLE what my unsecured debt is.
I have two questions here.
A) If I’m on a 100% plan, am I obligated to pay all of my disposable income into the plan, even if it’s way more than what my original debt was?
I’m not interested in paying the plan faster. I’m interested in making this as affordable as possible for me. Even the $900 original payment, I’m really struggling with.
B) IF I do have to commit all of my disposable income throughout the duration of my plan – and it’s mandated I pay $1,200 – can I include my car in the plan to satisfy that requirement?
This is the only thing that makes sense to me. I can’t think of another solution. I’m basically adding $400 that I pay to my lender, to my original $900 number, and I get to a number that satisfies the trustee’s demand, and my car’s getting paid for (just not through my lender).
I apologize if any of this was unclear or poorly written, I’m not doing too great right now, and would appreciate any info anyone can provide.
Thanks.
submitted by /u/mildchickenwings
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