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VERY UPSET after 341

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    VERY UPSET after 341

    It was a lot easier than I thought, the trustee was very nice, but questioned a couple of things.

    Sorry this is so long. I'm just very frustrated/upset and need to vent. Maybe someone has been through a similar experience and can offer some advice. I felt like we could have lived on the plan we had, but worried about having to pay more.

    The two things he questioned:

    Educational Expenses: $ 200/month, I told him that covered my son's soccer fees, my daughters tumbling, after school art classes, etc.

    He said the judge won't approve that since it is recreation. Or son is 10 and our daughter is 8. I understand that this seems like a lot, but my son plays on the "all star" soccer team. We pay 1,500 per year for him to be on the team. This includes professional coaches fees, uniform fees, and tournament fees. I'm not even including our travel expenses back and forth to practice and to out of town tournaments. I know this sound like a lot for someone filing Ch 13, but our son is ADHD and this provides the physical activity he needs. They practice three times a week and it is the only sport he is really passionate about. Our daughter goes to tumbling and occasional art classes. I don't think this is too unrealistic since they hardly get any physical activity/art in school these days. Yes, my son could play recreational soccer for about $125/year, but it isn't challenging enough for him and they only practice once a week and the season is about 6 months long. With all star the season is 10 months.

    Babysitting Expenses: $325/month - He asked me if we actually pay that much each month, I said no that is our monthly average like everything else. The bulk is in the summer $200/week for two kids for a teenager to babysit them at our house, then an average of $100/month the rest of the year. He didn't see this filed on our taxes and said the judge would want documentation that we paid this. I did pay this, but never filed it on our taxes since it was a friend's daughter and a couple of other neighborhood babysitters we used. I do not want to ask them to sign a letter stating we paid them this since they are the children of friends and neighbors and will raise questions.

    Does the trustee have the final say or the judge? The trustee seemed very nice and seemed to be advising us on what the judge would question. My attorney said he and his paralegal will work my numbers some more and see what they can come up with and not to worry now. I just can't help but think this will make my plan go up $525/month which means we will have nothing extra at all.

    I'm wondering if we can include some educational expenses such as school lunches, but I think these are covered under the monthly food allowance. What about school supplies? Field trips? Field trip t-shirts? Science fair expenses. These can really add up, but I haven't save any receipts. Plus they won't off set the expenses in question, but will help a little.

    I have been honest on everything. Can we still submit it as is to Judge and see what he says or would that be worst? Or maybe we can lower the number some so they don't look so high. They babysitting we are using is a lot less expensive than what the YMCA or other day care/after care providers charge in this area plus our children are in our own home.
    Met with attorney: Early 12/2009
    Filed Ch 13: 1/8/10
    341
    : 2/26/10

    #2
    Will your son's doctor say that the soccer is necessary for your son's ADHD? If so, you may be able to get that one in there.

    As for the babysitting, all you have to do is get the babysitter to write a letter stating how much you paid per week in the summer. If you don't want to ask them write a letter, then you may have a problem getting what you pay accepted. How did you pay, cash or check?

    Comment


      #3
      I feel for you ednasouth; I am so thankful that my family quilified for a chapter 7 (so far). From everything I have read, Chapter 13's seem like such a pain in the ass! Good luck to you, I sure hope it works out for you.
      Filed BK7 on 1/16/10:
      341 on 3/16/10 (No Asset)
      Discharged 5/17/10 (Fresh Start)

      Comment


        #4
        I pay the babysitter in cash. Never thought I'd need proof of what I was paying since I was not filing it on my taxes. My attorney said to get a letter, but one babysitter and her family has moved and I really don't like the idea of asking the other ones to write letters. They are only 15 -16 years old and I don't want their parent's who are our friends to know anything about our BK. My attorney said the judge would not call them in to testify, but may call them to verify they wrote the letter. I can just hear it. Hi Mr & Mrs ...This is Judge...with the US BK Court and we would like to ask your daughter a couple of questions....I'm hoping we can maybe just lower the babysitting fees to $200/month or something so maybe the judge won't question it. My attorney should be familiar enough with the Judge to know when the Judge will ask questions. When I first told my attorney what we spent on babysitting he thought it was reasonable for our area, but did say they may ask for proof.

        I have thought about asking our son's Dr. for an excuse, but figure if the Judge is that picky he would say let him play with the rec department for $150/year or go run laps at the track, etc. Plus the Dr. is also a friend of ours through church and soccer and just feel like I'd be raising more red flags. I live in a very small community, lots of relatives in the area, and gossip travels fast. I have a very experienced and reputable attorney, so I'm just going to try and think positive thoughts and pray that he will be able to help with this situation some how. If I could only get half of the $525 that would be a BIG help.
        Met with attorney: Early 12/2009
        Filed Ch 13: 1/8/10
        341
        : 2/26/10

        Comment


          #5
          The Judge is the final person to approve the Plan. Many judges do want documentation of "extra" expenses and justification. Just look at Form B22C and you'll see many places where it indicates that documentation is required. Some of those expenses are high, but many people, like me, just juggle other things in the budget around to accommodate. You may have a case if you have documented issues with the child and a doctor recommended that activity or some activity to compensate. As for babysitters, you'll just have to see, but what you have may be considered unreasonable based on whether both spouses work.
          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.

          Comment


            #6
            Thanks Helpmeout, Potsie834, and Justbroke. Yes, I filed alone, but my wife and I both work which is why we need a babysitter in the summer and occasionally during the year during holidays, when I'm on travel, etc.
            Met with attorney: Early 12/2009
            Filed Ch 13: 1/8/10
            341
            : 2/26/10

            Comment

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