Legal Question in Credit and Debt Law in Georgia
how can my chapter13 payment be 1400.00 a month
i have recently filed a chapter 13 the retained attorney is extremely unknowledgeable about the law. he has proposed a $1495.00 a month payment for 60 month... my secured debts are under 40k and nonsecured under4k.im very scared and worried he says it has to be that way cause i filed a 7 in 2001. i have researched and this dont pertain to me. he refuses to counsel me. i need serious help. do i not go to confirmation and refile and retain a knowledgeable lawyer? or accept what is being offered. i have been told based off my debt my payment should be 600 or 700 a month why dose this attorney insist on it being 1400.00 a month thats repaying 87k my combined debt with all fees included is under 45k please help me--name removed--770-896-2001
1 Answer from Attorneys
Re: how can my chapter13 payment be 1400.00 a month
No one could analyze your case without seeing your numbers. The payment amount in a Chapter 13 is supposed to be the entire difference between your income and expenses, so if that is $1400 that would be your payment amount. In such a case your plan would probably pay out in 3 years. Bear in mind your payments will also include legal fees and Trustee fees.
If you did a Chapter 7 within the last six years, you can only do a full-pay Chapter 13.
Since the court is tough on multiple filings, getting your case dismissed and refiling could create problems.
You only have a confirmation hearing if there are objections made at the 341 hearing.
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