What is the name of your state?What is the name of your state?PA Received brief from trustee giving 3 scenarios of Chapter 13 for husband. At the time of filing, he provided latest 3 paystubs - 1 had overtime in it. So....Scenario #1 -- Trustee took the paystub with overtime and annualized it and said that is my husband's annual pay, even though he has tax returns and clearly knows that is WAY overstated. Scenario #2 -- He took the annualized pay and added my husband's half of the mortgage payment. My husband and I each pay half of the mortgage. There were 2 months that he could not pay and I had to make up the difference. The trustee is therefore stating that I obviously have the extra money and can pay the entire mortgage myself from now on! Scenario #3 -- Annualized pay AND husband's half of the mortage AND added back in items that were added to the amended Schedule J which were: smoking $100/month, coffee/lunch at work $40/month, and $20/month for toiletries. These were added after visiting this forum and realizing these were forgotten. He said these were "obviously" put in to lower the amount of disposable income and should not be allowed. Not allowed to have lunch and toiletries?
Bottom line -- the guaranteed monthly disposable income of my husband is now less than $50 (plus the $100 in his 401K which the trustee never mentioned). How does he get away with this nonsense? Scenarios #2 & #3 have him paying more than his GROSS monthly income!
Can someone explain how overtime can be factored into a payment? There's never a guarantee how much (if any) he will get in any given month.
Bottom line -- the guaranteed monthly disposable income of my husband is now less than $50 (plus the $100 in his 401K which the trustee never mentioned). How does he get away with this nonsense? Scenarios #2 & #3 have him paying more than his GROSS monthly income!
Can someone explain how overtime can be factored into a payment? There's never a guarantee how much (if any) he will get in any given month.