Quote Quoting prgmr7
View Post
I have another question... I will be coming into more money every month next July when my 401k loan is paid. The amount freed up will be about $500 per month. My attorney and trustee have included that amount in my plan payments, to start next August. Do I have any say on where that money goes since I'm struggling to make ends meet and can only imagine how far behind I will be next July? Is there anything I can do in an attempt to keep a part of that money to help balance my income with my expenses? I asked the same question to my attorney who told me that the trustee and courts will only reply that I cannot use that money either, after all, I've been "making it" all this time without that money. Is there anything I can do?
This is an interesting issue. Under the recent USSC case called Lanning, you only have to pay your "projected disposable income at the time of Plan confirmation" to the creditors while, at the same time, paying what they would have gotten had you filed a Chapter 7 (the value of the land in your case). It sounds like at the time of Plan Confirmation your projected disposable income was $565/mo for months 1 through19 and then $1,065/mo for months 20 through 60. However, the projection apparently did not include the loss of the CS.

I think you or your attny need to determine exactly what needs to be paid to the creditors, not looking at what you can or cannot afford. What is the minimum base amount you must pay to pay legal fees, trustee's fee, vehicle and the non exempt assets? Once you have that amount you can figure how it is going to be paid over the balance of the 60 months and then modify your Plan to produce sufficient yield based upon what you can afford now with a $500increase in July and then maybe another increase in the last, say 24 months of the Plan. Be careful because you do need to make a decent payment between now and July it just might not need to be $565. Does this make sense?

If you can, get a breakdown of exactly what needs to be paid in the Plan and post it here.

Also, your attny is correct in that you cannot "pocket" the $$ when the 401K loan is paid off. You are required to pay your projected disposable income to the creditors. You are not suppose to be attempting to save $$. . . at least that is what the systems says.

Des.