My chapter 13 bankruptcy payments have turned out to be a lot higher than I anticipated. I have worked overtime for several months of the past six months and my lawyer has included this in the figures. Is this legal? He tells me to just make the payments for the next 6 months and then he will refigure it. Is there anything else that I can do?
YOu are required to include the income you received in the 6 months prior to filing your case in the determination of your projected disposable income, but that can be modified if it does not reflect what you are currently bringing in.
There are a lot of factors that go into what your payments need to be, including what percentage you are paying to unsecured creditors, whether you have any arrearages you are paying on secured debts, priority taxes, etc. They can all affect what you need to pay, and whether reducing your payments now would affect anything.
If you don't trust your lawyer, you should have a consultation with another bankruptcy attorney in your area who can review all the relevant documents and advise you.
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