Should a chapter 13 bankruptcy take 6 months to affirm?
We filed 13 bankruptcy in December. Our attorneys have made several mistakes along the way. When it came time to have our hearing to have it affirmed, our trustee said that the payment was too high and they needed to rework it to prove that we can afford it, otherwise they would throw it out. Our hearing on this was last week. They had two months to rework our figures. Apparently, they set ANOTHER hearing 30 days from now to rework it AGAIN. I dont’ understand what needs to be reworked. We only have one income coming in. Also, we filed taxes in Januray, BEFORE the bankruptcy was affirmed. Will we still have to give them half? It sucks that we’re paying on a bankruptcy that may still get thrown out and is not yet affirmed. It’s not fair if we have to give up have of our refund on a bankruptcy that wasn’t affirmed when we filed our taxes. I just don’t understand what is taking so long. What can I do? Our attorneys aren’t giving us direct answers and aren’t returning phone calls or emails. Can I call the trustee to see what’s going on?
Our car is included. We got to keep our house but we were behind 6 months and had to include that rearrage in the bankruptcy.
It’s best to go thru your attorney rather than the trustees office. Something doesn’t make sense with this chapter 13, if you only have one income and filing a chapter 13, are you keeping a home?? Keeping vehicles in this?? What they "re work" is the income, assets, debts and review of your taxes and bank statements. I’m not sure why they would be taking so long to get the figure for the pay period so long. Re post your question in the law and legal section, there are a few attorney’s and legal aid people on that know more on the subject than I do…but..with one income, why are you not filing a chapter 7?? A little more information on your post would help to get your a better answer.
June 27th, 2010 at 2:13 pm