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Will UST question expenses if we are over median??

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    Will UST question expenses if we are over median??

    Hi All,
    We filed on 9/1 and our 341 meeting is schedule for 10/4. Looking forward to getting that over with. I'm trying not to worry, but I have a hard time letting go of worry

    My question is...we are over the median about $2K, but passed the means test. Our expenses listed were all within allowable amounts (except maybe rent, which was slightly over). My question is, will the trustee want to see proof for all of our expenses? The only ones I'm really concerned about would be health expenses and auto maintenance expenses. I haven't always kept good receipts and quite frankly, we haven't been able to afford to have the maintenance needed on vehicles (currently need new tire & oil change) or go to the doctor when we needed. I just wasn't sure how that worked. The expenses listed are what we need, not necessarily what we have been able to afford (hence the reason for bankruptcy in the first place).

    I hope this makes sense. Please let me know if you had to show proof for these types of expenses if they weren't above the allowable amount.

    Thanks for all your help! Looking forward to joining the 60-day club!

    #2
    2k over, I doubt they will question anything. They may ask a question or two, but they will not scour your receipts. I was 35k over median, and no questions were asked. Relax,you will see it is much easier than you think. If your lawyer has put it all together, it`s probably a simple case. The lawyers know what will work and what will raise questions, Good luck.

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      #3
      I think it will probably depend on how far over the IRS standards we're talking about. I mean, if you put down $600/mo in medical expenses but can only prove $200/mo, then you're probably going to have a problem, kwim? Could you possibly get estimates for procedures that you need to have done (dental work, glasses, etc.) "not being able to go to the dr. when needed" will be more difficult to prove and basic dr. visits should presumably be covered in the IRS standard of $60/mo/person.
      Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
      0% payback to unsecured creditors, 56 payments down, 4 to go....

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        #4
        Hi momofthree,
        We didn't exceed the IRS standards, so I'm hoping the expenses will not be questioned. The only item that would have been over the standards was our rent.

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          #5
          Chances are good that your attorney will know before hand if the UST is going to be at the 341. Since you're only 2k over the median, I really wouldn't worry about it.

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            #6
            I wouldn't worry about it at this point, unless your rental expense was significant over the "standard". Even in my Chapter 13 case, I successfully used a rent that was $800 more than the "standard" because I provided detail that the IRS standards, based on the HUD standards, were inaccurate for the entire county!

            I wouldn't worry at this time. It is what it is at this point. Your attorney will help you through any issue that it causes.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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