Bankruptcy Forum

Oh no!!! new debt

freshstart06
08-16-2007, 08:45 AM
My kids had their dental exams and three kids need work.
My oldest has to have braces asap
My second kid needs filings and minor work
My youngest daughter needs some teeth pulled and minor work

My dental insurance only pays 50% for this, However, they will put us on a monthly payment plan but it is almost $200 a month.

This is necessary and I know the trustee better not have a problem with it but do I report this before my meeting??? My meeting is in 7 days (I swear, I broke a record from waiting the longest for the 341 meeting from date of filing)

My paralegal wants me to wait until he asks if any changes occurred because she does not want to piss the trustee off by amending the schedules again. If this is correct advice, should I bring the dental paperwork with me??? I am just concern because My medical expense is already $500 a month now this. This will make us negative and my paralegal did some kind of magic so it looks like we have $16 after expense because she stated that the trustee don't like to see negative and it makes them look into yoiur file deeper and we don't want that because that is when they come up with their own calculations.

Oh, another weird thing she did on the means test was she added my husband's extra income (she included the check after the 6 months period) she stated she did that because if you pass the means test with that you will have no issues with the trustee. Ever heard of that??? She stated when the trustee goes over the calculations there will be no surprises. Of course we got the smiley face on the means test but I wonder if he will question why we added income passed the 6 months period.

What would you guys do in this situation.

Minnymouth
08-16-2007, 08:55 AM
Hopefully your attorney KNOWS what he is doing by adding the extra income.....

And yes I would take my paperwork from the dentist (good estimates) and present them to the Trustee when he asks about changes in income/expenses....

Let us know what happens.....

freshstart06
08-16-2007, 09:11 AM
I am the poor one, I could not afford to hire an attorney but my paralegal has been doing this for 13 years. The courts know her by name, she is well known.

SinkingFast
08-16-2007, 05:04 PM
This is a necessary expense that arose AFTER you filed.

Unlike a Ch 13 where the additional expense could make a difference in your disposable income/month, Ch 7 is a picture of your affairs as of the day you filed.

I'd tend to agree with the paralegal's suggestion. Rather than amend your Petition, just wait and see what the Trustee asks during your 341. Generally, at the 341, all the Trustee will ask about is INcreases in income, bonuses, and possibly income tax refunds.