Where to list Alimony & Child Support on Petition

[tazunemono]

OK so my meeting 341 was brief and quick, with the trustee asking the same questions of everybody. I was the only pro se filer on the docket the whole day! The Trustee did point out two things I need to correct within 10 days. One is:


I did not list my "alimony or child support" on my schedules...I didn't list because it's not court-ordered (I pay directly to my wife per our divorce decree and property settlement agreement). Where should I list this $1,300 per month? Does this go on Schedule E (creditors holding unsecured priority claims) - check 'domestic support obligations' and then list out? There is no account number or amount of claim...it's just ongoing payments until my kids turn 21. How do I represent this amount? My understanding was that Schedule E is for child support arrears only, not your current or future payments...I am current!

Read more: I am preparing my schedule e in my chapter 7 bankruptcy. I - JustAnswer http://www.justanswer.com/bankruptcy...#ixzz1wwX8sg3w

So I will need to file amended forms with the BK court and also send copies to the trustee within 10 days. Anything else I should know?

Thanks!

[tazunemono]

OK, so on Schedule C - Property Claimed as Exempt

Using 11 USC sec 522 (d)(2) I get $2,950 in exemptions. My 2006 Jeep Liberty has a KBB value of $7,500 and I owe $6,500. Thus, I have $1,000 in equity in the car. So, on Schedule C, this is what I plan to put, is it correct:

Specify Law: 11 USC sec 522 (d)(2)
Value of Claimed Exemption: $2,950 (the maximum exemption)
Current Value of Propoerty without deducting exemption: $1,000

Is this correct? If the value in the last column were more than $2,950 the trustee would have to sell it...but I'm financed and owe quite a bit, so this won't happen.

[LadyInTheRed]

I did not list my "alimony or child support" on my schedules...I didn't list because it's not court-ordered (I pay directly to my wife per our divorce decree and property settlement agreement).

The divorce decree is a court order and probably aproves and incorporates the terms of the settlement agreement and orders you to comply with it. If that is the case, the alimony and child support are court ordered payments and should be on line 28 of the means test. There is also a place on line 14 of Schedule J for "Alimony, maintenance, and support paid to others". I think you are correct that it does not belong on Schedule E if you were not in arrears as of your filing date.

ETA: tazunemono, I moved your posts to a new thread in the pro-se forum where you will probably get better responses.

[tazunemono]

The divorce decree is a court order and probably aproves and incorporates the terms of the settlement agreement and orders you to comply with it. If that is the case, the alimony and child support are court ordered payments and should be on line 28 of the means test. There is also a place on line 14 of Schedule J for "Alimony, maintenance, and support paid to others". I think you are correct that it does not belong on Schedule E if you were not in arrears as of your filing date.

ETA: tazunemono, I moved your posts to a new thread in the pro-se forum where you will probably get better responses.

Thanks! I already wrote my trustee an email:

Dear Sir,

Thanks for the information you provided at the 341 meeting today. As a pro se filer, it was very helpful. However, I have a concern about the domestic support obligation you mentioned and amending schedule E.

I am current on my payments to my ex wife and as such I am not in arrears at this time (and have never been). I listed this obligation on form 22a line 28 and also on schedule J line 14.

If you still need me to amend scheudle E I can do so, but only if you deem it necessary for a complete petition. I await your response.

Kind Regards,

Tazunemono

[LadyInTheRed]

Okay, after moving your posts from your thread in the 341 forum to this forum, I noticed you had already made separate posts in this forum. I've now edited the posts in the new threads we both created to try to keep each topic in it's own thread. I still have all of the text from your original thread in the 341 forum, so let me know if I missed anything.

I hope the edits I've made make sense and I haven't caused more confusion than I was trying to prevent.

[tazunemono]

Trustee responded saying I needed to amend schedule E. This really makes no sense to me...how do I fill it out?

I am not behind on my payments
There is no account number

I pay my ex $650 per check for a total of $1300 per month.

My son is 8 and my daughter is 4. My dicorce decree says pay until age 21 for each kid.

11 months until my son is 9, then 12 more years (144 months) = 155 months x $650 mo. = $100,750
1 month until my daughter is 5, then 16 more years (192 months) = 193 months x $650 mo. = $125,450

Total = $226,200

Check domestic support obligation on page 1
Creditors Name: Tazunemono's Ex-Wife
Date Claim was incurred: 10/1/2011
Amount of Claim: $226,200
Amount Entitled to Priority: $226,200

Is this correct?

[justbroke]

Was the Trustee referring to your Schedule J and Form B22A (if you're over the median)? You do need to list it as an expense. There is one spot on the Statement of Financial Affairs (SoFA)... that lists payments made in the last 90 days (prior to filing) as well.

I don't know where else you'd list a current obligation (DSO).

[tazunemono]

Was the Trustee referring to your Schedule J and Form B22A (if you're over the median)? You do need to list it as an expense. There is one spot on the Statement of Financial Affairs (SoFA)... that lists payments made in the last 90 days (prior to filing) as well.

I don't know where else you'd list a current obligation (DSO).

I put it in both those places when I filed...the question came up during the 341 meeting 'do you have any child support obligations...yada yada' of course i said 'yes' and the trustee shuffled through his papers, looked at me and said, "since you're pro se, I'm going to give you some advice...list your child support on schedule E" then he asked me for the name and address of my ex wife.

I emailed him for confirmation, as this made no sense to me, and he confirmed, "yes, report it on schedule E"

So that's what I did this morning at the clerk's office. The staff there were equally confused and sympathetic to me, and didn't charge me the $30 to add a creditor to schedule E.

[justbroke]

Well, this is an area where "local" procedures and practices may be at play! Unfortunately, if the Trustee wants it "scheduled" then you should schedule it (and it appears that you have scheduled it).

[tazunemono]

Yes I just amended schedule E to include my ex-wife's name, address and put "for information only - not in arrears" and $0 in both columns. I believe this should work.