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Contemplating Chapter 13.

I am a flight attendant, my normal flying month "should" consist of 77 hours. For the past 5 years I have been picking up overtime trips that bring me up to 110 hours just to survive. (since 9/11 my pay was cut 32% and in order to make the same amount I have to fly the extra hours) My question is this: I know I will be asked for pay stubs and income tax filings for x amount of months/years. This will show an income that is at least 32% higher because I am having to fly a LOT of overtime. I am getting up in age and just can no longer keep doing this. What I am afraid of is that they'll base the payment off of this high time. Is there a way to show them what my actual schedule should be and then show them that I have to pay a service $150 a month to pick up overtime? Also I have a 1st and 2nd mortgage both with good fixed rates. Can anything be done about the payments to them? Meaning can they be lowered? At least the 2nd. I want to pay my debts, but I just cannot continue with this added overtime (I also have to commute to my base, via auto 2 hours and a flight of 4 hours before I actually start my 15 hour flight in which I get paid)
I don't have an auto loan but I do have credit card debt in the amount of $20,000 and the 2nd is $65,000. Any help would be appreciated and thank you so much for taking the time to read and respond.

Additional information
Just remembered one more thing. I am current on all of my bills but I am running out of resources to keep it up. If I were to file Chapter 13, should I not pay some of my unsecured debt (credit cards) while going through the process? What about skipping one mortgage payment? Again I have never been late on anything, but I am getting very very very very close! Thanks again :)
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Attorney answers (1)

Reputation Level 7
In Arizona, your Chapter 13 plan payment is based on your income minus your expenses (living expense) as projected (i.e. it is a forward looking determination). Therefore, if you are no longer working overtime, your income will be based on just your regular hours.

If you are having a hard time making ends meet, your first cut in expenses should be your credit card payments. Be sure that your checking account is with a bank that you don't owe any money to.

You should stay current on your mortgage if possible. If the value of your home is less than what you owe on your first mortgage, then a Chapter 13 will allow you to remove this lien. Also, if the value of the home is less than what you owe on the first mortgage, then the second has no incentive to foreclose, and falling behind on this may not be a big problem (provided this loan is with a different bank than the first).

You should speak to a bankrutpcy attorney about your options. If your income may decrease in the near future (because you will no longer have overtime), then you may ultimately be able to qualify for a Chapter 7,or for a shorter Chapter 13 plan.

I hope this helped!

Andrea Wimmer, Esq.
Marco | Wimmer PLLC
Tempe, Arizona
480-275-4894

DISCLAIMER: This is not intended to be legal advice and should not be used as such. This communication does not establish an attorney-client relationship with the author. You should seek the assistance of local counsel to determine what is best for you.

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