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    #16
    Thanks kmcoleman! I’m trying to stay clearheaded and calm, bit it’s hard. I think it will be a relief when we finally file and I know exactly how it is going to be. I need to just bite the bullet and trust that the attorney will see how his check is up and down. I hope they can average for the year instead of the last 6 months.

    This forum has helped so much!

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      #17
      Originally posted by Stacer74 View Post
      How much do you think I can budget for child’s activities/sports/education. I don’t think I have seen any irs standards for that?
      My attorney had me claim a max amount from the Means Test for education expenses for kids under 18. which for 2019 is $170.83 max per child that attend K-12. I was originally under the impression that you could not take a means test standard and use it in your Schedule J, but it passed muster with the trustee and court.

      Filed Ch 13 November 2013, discharged March 2019
      Credit Karma FICO scores 5 months post-discharge:
      717 Trans Union/728 Equifax

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        #18
        craneman - I understand everyone is charged different fees based on the attorney, the complexity of the case, etc.
        It certainly didn't feel like fantasyland, when I was paying his fee...sorry that my reality causes you to have to make one of your many sarcastic comments...
        If you ever have anything postive to say, it would be great to hear from you.
        P.S. - O.P. sorry for taking away from your topic.
        Filed Chapter 13 - 07/20/12
        Discharged 8/2/16

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          #19
          Lawyer's fees maxes at $5,500 for a chap 13 in northern California Federal district Court. Court sets the fees, so no fee haggling. We filed in 2011, for a 5 year plan, bk plan settlement was 7 cents to a dollar, so it's very good deal!

          College questions: we got a judge who pretty much left the kids 529 college plan alone, coz the 529 plan been established for 12 years prior to bk filing, and we were consistently putting the same amount over the years. Judge also permitted the deduction of private school tuition fee.

          So just hang in there, it always works out well in the end.

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            #20

            My attorney had me claim a max amount from the Means Test for education expenses for kids under 18. which for 2019 is $170.83 max per child that attend K-12. I was originally under the impression that you could not take a means test standard and use it in your Schedule J, but it passed muster with the trustee and court.

            switch625 thanks!

            Comment


              #21
              Originally posted by sophieanne View Post
              craneman - I understand everyone is charged different fees based on the attorney, the complexity of the case, etc.
              It certainly didn't feel like fantasyland, when I was paying his fee...sorry that my reality causes you to have to make one of your many sarcastic comments...
              If you ever have anything postive to say, it would be great to hear from you.
              P.S. - O.P. sorry for taking away from your topic.
              You have been discharged from your BK for 3 plus years per your signature with the majority of your responses to people asking questions is "ask your attorney'.....You should probably move on with your life.....

              Comment


                #22
                craneman - if you understood the idea behind this room..it's to share experiences and advice and unfortunately there are a number of things that need to be referred to an attorney. And NO, you're wrong that's not the majority of my posts. Since I've been posting for 9 years now, I have no attention to leave. Personally, I wish you would...
                Filed Chapter 13 - 07/20/12
                Discharged 8/2/16

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                  #23
                  Originally posted by craneman View Post

                  You have been discharged from your BK for 3 plus years per your signature with the majority of your responses to people asking questions is "ask your attorney'.....You should probably move on with your life.....
                  "Ask your attorney" is a common response here among us non-attorneys given the complexity of BK law coupled with the fact that one case can be different from the next because even though there is one BK code, its application is interpreted differently in each court district, among each judge, each trustee and the hundreds of BK lawyers across the US. Plus many of us here are not lawyers and draw from our own experience to help people out. We do so because BK is a place no one wants to be in and many books and websites out there only give you instructions on how to file and a general idea on how this works. There is very little instruction on how to go through a BK and how to succeed in getting your Chapter 13 discharged, especially when 2/3 to 3/4 of Chapter 13s fail.

                  You would do well to appreciate the advice and support that Sophie and others provide here and know that people are willing take time out of their day to help others. Yes, many who have posted over the years have moved on and some don't because by sharing their experiences they want to be of service bringing light to a very dark, treacherous and under-documented (excluding celebrities) corner of American life - bankruptcy. For me, it's the little I can do to help people succeed and emerge victorious and debt-free against the highly rigged system that Chapter 13 BK is for the creditors, debt buyers and the financial industry writ-large. We all hope you succeed too.
                  Filed Ch 13 November 2013, discharged March 2019
                  Credit Karma FICO scores 5 months post-discharge:
                  717 Trans Union/728 Equifax

                  Comment


                    #24
                    Originally posted by Stacer74 View Post
                    Thanks kmcoleman! I’m trying to stay clearheaded and calm, bit it’s hard. I think it will be a relief when we finally file and I know exactly how it is going to be. I need to just bite the bullet and trust that the attorney will see how his check is up and down. I hope they can average for the year instead of the last 6 months.

                    This forum has helped so much!
                    Stacer74 Yes this forum is a great resource and a great place to vent the many frustrations to come. I've been talked off the ledge more often then not over the past few months and I'm still sometimes teetering towards the edge and looking down but haven't jumped yet thanks to the awesome people (some of them because apparently "some" people are just debbie downers - see previous poster) here on this forum.

                    Honestly pulling the trigger isn't for the faint of heart and it's definitely hard but many folks in here said filing has been the best thing they've ever done. Once I actually get confirmed I'll hopefully see that forest but all I see is crab grass at the moment. More to do with the fact that I'm OCD by nature with any and every little thing filed, objected to and every confirmation hearing that comes and goes because someone hasn't filed their proof of claim yet. This is all Splangish to you right now but the abbreviations and "language" will become unfortunate second nature to you..lol!

                    All you can do is the possible. Some trustees are jerks. Some attorneys are jerks. You just have to find a happy little medium for both. This forum has you covered from all the "might happen" scenarios to your 341 meeting fears to the dragging out of your confirmation. Even folks who have been confirmed and are a year down, two, or even closing in on the home stretch of their 13 being done, it's all here. Just take a lot of deep breaths and try and remember why you are doing it. You made some missteps. Adulting is hard. Adulting plus kids is even harder. Adulting in this economy plus kids plus decreases in income are the trifecta of BS. But thankfully you are trying to make a change and get a handle on things. We all have and ARE there with you! Just vet your attorney potentials and try and get as much research as you can done on your own. I don't suggest you overload like I did (I work in law so it's just a habit I can't break) but do educate yourself.

                    Good luck again and we're all here to help

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