MY chap 7 got kicked to a 13

hello here is my situation briefly(hopefully)my 7 got kicked to a 13.judge ruled i should be able to COME UP WITH $350/MO
after all my expenses.my questions are will i have to spend $299
more to file again?and will the judge forward this amount to the trustee,or does the whole process start over again ie..re-do the means test...thanks in advance always great info on this board!

I filed under the old law and the same thing happened to me. Yes, the entire process begins again just like you had never filed. Good luck.

Did you file with an attorney?

In essence the process starts over...but most the petition from your chapter 7 case is the same as a chapter 13 petition. The only new thing you really need to do is fill out the Chapter 13 Payment Plan forms.

Im sorry to hear this has happened to you.

May I ask... were you under or over the median income?

reallynervous

I was supposedly over the median income (i make 34k/yr) live in ohio.when i first filed my attorney thought i could get a 7
pretty easily,so we filed,then trustee asked for a hearing for abuse(i think that's what they called it),had to go in front of a BK judge,3 months later,i get the notice she (the judge)figures i can come up with $350 a mo.Reason being i make a payment for my college kid's car about $150/mo.And i send him $200 /mo for food and to help out with his rent.kid works part time 25 hrs a week and goes to school full time,so its not like i'm out partying with the $$$$.judge basically says too friggn bad-pay up.So my lawyer tells me he doesn't do chap 13's,now i gotta get another one who does.at least my original lawyer refunded my money back,since we crapped out on th 7.Sorry for ramblin on....

Hmmm, so sorry to hear this. did you have receipt to prove you help out your kid. I guess she assumes your kid can work and take care of himself but that his hard to do if you are a full time college students, my mother helped me out all the time. Maybe if your kid can move into a dorm that will cut expenses and food then he will be able to pay is own car note. I can't believe it has gotten to the point you can't help support your college kids. I hope all works out for you guys.

Freshstart,

The judges looks at a college student at ANOTHER ADULT (over the age of 18).... not a small child going to school.....

The laws GIVES students a break here and there, (ex: their income tax is refunded if their full time students, etc....) and their parents even get a tax break if they still live at home going to school.

A lot of students go to school on grants, student loans, etc....with no help from parents.

Yes, its GREAT that a parent WANTS TO HELP, but when they financially cannot and are forced to file bankruptcy - the judge "wonders" why they didn't take that "college money for the kid" and apply it to their bills instead.

Few judges will allow private schools even for small children unless its warranted - (ex. special needs, unrully kids, etc).

Every parent wants their child to get a good education and help them anyway they can - but they can't help them at the "expense" of the household and forcing themselves into bankruptcy. This is what the judge looks at!!

If your sending a son or daughter $300-or more a month to "help them out" - that is money that you could have paid your bills with. So....... then the Trustee says "nope"..... I want it to pay your creditors!! And then its not allowed in the bankruptcy and can sometimes be considered abuse by the Trustee....

Unfortunately THAT'S THE WAY IT IS.....

Some Trustee's are more lenient, but most aren't when it comes to where you spend your money in a Chapter 13... the Trustee decides how much money you get and how much your creditors will get paid...

Sorry,

Wow, it makes sense now. If it was an on going medical expense then that would be different but I can understnad a "grown" child situation. I went to school with kids that had to work full time and go to school full time with no help from their parents. So I understand now.

Its very hard to go to school full time and work full time also - BUT ITS DONE EVERY DAY BY MANY..........

I've been there and done it too in the past...

Where there's a will there's a way!! You just have to "buckle down and do it"!!

Gpfay,

We had the same problem, too. Even though my son was living at home going to college as a full time student, we could not use him as a dependent in some of the expenses because he was over 18 years old. At the time it did not make much sense to me that he could be living in my house, but........we were not allow to feed him, lol.

Its very hard to go to school full time and work full time also - BUT ITS DONE EVERY DAY BY MANY..........



And some of us did it with our own little kids in tow!!!

The College Student issue really varies from Court to Court and Trustee to Trustee.

For our Son, who lives at home while attending college,.............

We got to claim Son's car. It's registered in our names and we had Exemption to cover it.

We pay his auto insurance and all maintenance/repairs. Those expenses were included on Schedule J.

We got to claim food, clothes, and medicals that we pay for him too.

But we did not get to claim any money for college related expenses. No tuition, books, fees, or any other associated costs. Also, we didn't get to claim Son's gasoline expenses either.