What part of "ALL DISPOSABLE INCOME" doesn't count?

[anabanana]

What is the name of your state? FL


As I read the Chapter 13 rules, it seems to me that it says that ALL the Debtor's disposable income is supposed to be devoted to the plan. However, the Chapter 13 Trustee in the Middle District of Florida says that only means all the income from one full-time job, and that any additional employment, whether full-time or part-time, is exempt.

I'm thinking, okay, so the debtor gets a full time job stocking shelves at Wal-Mart for $7 an hour, and that's what's used to establish income for the plan, and any money he makes from his part-time day job a financial consultant and trader is exempt. Doesn't seem right somehow, but the Trustee isn't interested in income from any additional employment, even though the Debtor is only paying $103 into the plan.

Has anyone else anywhere heard of ANY portion of DISPOSABLE INCOME being exempt from the "ALL"? Can this possibly be yet another wierd, unspoken local rule, or is the Trustee just straight up breaking the law by ignoring all that "part-time" income because---yet again--- he doesn't have time to deal with this?

 

[bigun]

Ana,

I'm beginning to think Chapter 13 filings are make up as you go along. Here's a post from a CB'er that has filed a 13 in Texas.

http://creditboards.com/forums/index.php?showtopic=114570&hl=

am not advocating doing anything fraudulant but I definitely got the "if they don't ask, don't tell" feeling from her tonight. It really surprised me.

 

[Ladynred]

I dunno, according to this what the Trustee told you about 'one job' isn't true:

Disposable income is defined as income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as excluding those amounts which are necessary for the payment of ordinary operating expenses. 11 U.S.C. § 1325(b)(2)(A) and (B).

..and more specifically...

Chapter 13 Files - Payments and "Disposable Income"

As a starting point in Chapter 13 files, TITLE 11, U.S.C., Section 1325 - Confirmation of plan - provides "(b)(1) If the trustee or the holder of an allowed unsecured claim objects to the confirmation of the plan, then the court may not approve the plan unless, as of the effective date of the plan— (A) the value of the property to be distributed under the plan on account of such claim is not less than the amount of such claim; or (B) the plan provides that all of the debtor’s projected disposable income to be received in the three-year period beginning on the date that the first payment is due under the plan will be applied to make payments under the plan."

I also found this rather interesting:
http://www.doney.net/faq_changes.htm