Filed chapter 13 this week

Please read this article for a better idea - Chapter 13 Bankruptcy - See Alternatives

Now - what state are you in? You have the right to ask your attorney which creditor filed proofs of claim with the court and what they were asking for. You should, in several states, be able to claim 1 vehicle as an exemption from Ch. 13.

Yes, your car payment should be included in your Ch 13 payment. The trustee will make the car payment for you from the $850. When your case was filed and it was figured that you pay $850 to the bankruptcy courts, that amount is usually based on the fact that all your creditors you listed in your plan will file a claim to be paid. I'm not sure if the bankruptcy laws are the same in every state, but in my state, which is OH, a creditor has 90 days, which is called the bar date, from the date your case was filed, to file a claim to be paid. If they do not file a claim within that time frame, then the debt can't be collected on and it is considered discharged.

As far as lowering your monthly payment, that is something you would have to speak with your attorney about. Your attorney might have to wait for the bar date to see how many creditors filed a claim to be paid.

Thanks for all your help. I will keep you all informed on how it goes. Who do I ask about this "Bar Date" and when do I ask it? I have the first court date in November.

The "bar date" is usually around 90 days from the date your case was filed. For instance, my Ch 13 was filed in May of 2007, and my creditors had until Aug of 2007 to file a claim to be paid. If they did not file a claim before that date in Aug, then they will not be paid. I believe other creditors such as student loans have 180 days from the date your case was filed to file a claim to be paid.

So, Can I go back after the Bar Date and get this payment amount reduced down. If my creditord don't file a claim? And do I do this with the firm that filed my bankrupcty or the trustee??

I am in the same situation. My monthly payment is 955 for 60 months...no way I can afford that. I informed my attorney that I would not be able to afford it before the confirmation hearing. He stated to first get it confirm and afterward request a motion to lower the amount. I told him I can only afford 575 (my disposable income). They do not realize that for the next five years we will have to depend on cash and saving to meet unforeseen expenses. The laws were definitely made to protect the creditors and not the debtors...we need a bail out plan also.

Your attorney will have do a "motion to modify" your plan with the trustee and courts.

When do ask him to do this? Do I have to wait the 90 days???Or Before I go To court? Or do I wait till after I go? Or when I am at the hearing? This is my first time I have been in court for this or anything. Not sure what to expect?

My attorney advise me to wait until the confirmation hearing and after it is confirm, he will do a motion to modify. I had to submit my current pay stubs and receipts on gas and groceries.