forced into 13

[dumbdumb]

I am being forced into chapt 13... the numbers i submitted i see are way below the IRS standard for nevada. will the trustee go by those or the IRS standard? also there are some figures that are wrong. can they be corrected?

what happens next?

[HHM]

I take you filed without an attorney, correct?

In any event, yes, you can amend your petition, but when you amend it to alter schedules I & J, you better be ready to back-up the changes with proof.

As for the IRS standards. Those standards work as, essentially, maximums. If you "actual" expenses exceed the IRS maximums, you will have a problem and have to explain yourself...if your actual expenses are below the IRS figures, the answer is no, you don't get to claim the maximums. The trick is, and this is one reason to hire an attorney, an attorney can guide you in determining your expenses, and give you some insight on what amounts are considered reasonable.

[lrprn]

I am being forced into chapt 13...

Hmmmm...on June 21 you posted, "My lawyer said i might not be able to file chapter 7 because my income is too high? apparently i make around 44000 per year and that is above the median income for Nevada." What did you enter for your income on your Ch 7 forms if you say now that you are way below the Nevada median income for one person? (By the way, the median income in Nevada for a 1-person family is $40,682 which according to your 6/21 post, you are indeed above.)

the numbers i submitted i see are way below the IRS standard for nevada. will the trustee go by those or the IRS standard?

Your trustee is going to go by these Census Bureau figures - http://www.usdoj.gov/ust/eo/bapcpa/2...come_table.htm . I don't know where you found "IRS standard incomes" - are you talking about the Census Bureau figures?

also there are some figures that are wrong. can they be corrected?

Typically, yes. I'm curious...did you file with the lawyer you mentioned or did you decide to file on your own?

what happens next?

Depends on what the objections to your case are and how you (and your lawyer if you filed with one) decide to approach trying to get everything corrected.

[dumbdumb]

Hmmmm...on June 21 you posted, "My lawyer said i might not be able to file chapter 7 because my income is too high? apparently i make around 44000 per year and that is above the median income for Nevada." What did you enter for your income on your Ch 7 forms if you say now that you are way below the Nevada median income for one person? (By the way, the median income in Nevada for a 1-person family is $40,682 which according to your 6/21 post, you are indeed above.)

Your trustee is going to go by these Census Bureau figures - http://www.usdoj.gov/ust/eo/bapcpa/2...come_table.htm . I don't know where you found "IRS standard incomes" - are you talking about the Census Bureau figures?

Typically, yes. I'm curious...did you file with the lawyer you mentioned or did you decide to file on your own?

Depends on what the objections to your case are and how you (and your lawyer if you filed with one) decide to approach trying to get everything corrected.

yes i did file with that lawyer and am regretting it... i get no answers or advice. basically he is just filing paperwork. he did not even great me at the 341 meeing.

i make above the median income.. but my food and living expenses are way below which gives me more expendable income.
but i am single and usually go out to eat but i did not list that on there either.

the numbers used were a rough estemate i wrote on the papers when i had my first consutlation with the lawyer. i did not know how this all worked and didnt think i would have to file a 13.

also i incurr medical bills which are not listed on the expense list. schedule J.. i guess.

[lrprn]

the numbers used were a rough estemate i wrote on the papers when i had my first consutlation with the lawyer. i did know how this all worked and didnt think i would have to file a 13. ... also i incurr medical bills which are not listed on the expense list. schedule J.. i guess.

So....when you reviewed the Ch 7 Means Test and Schedules carefully then signed them, if you knew "how all this worked", how did you miss that such important expenses were missing from Schedule J?

Since you signed on the dotted line that these figures were correct before your forms were filed and then swore they were correct during your 341, you're going to have an uphill battle with the trustees convincing them that you "accidentally" left off significant food and medical bills.

And perhaps the reason your lawyer is so uncommunicative with you now is because he feels like you haven't been listening to him all along? And perhaps you argue with the staff because they are saying things to you that you don't want to accept?

We want to help you, but you're blaming your lawyer for this problem when you need to take some responsibility for it too. You didn't give him accurate expenses and you left important expenses off. Your lawyer can only go with the information he has. If you give him bad information and then sign saying the information is accurate, if he tells you from the start that Ch 13 is very possible, then how is it that it's your lawyer's fault you were "forced" into Ch 13?

[dumbdumb]

So....when you reviewed the Ch 7 Means Test and Schedules carefully then signed them, if you knew "how all this worked", how did you miss that such important expenses were missing from Schedule J?

Since you signed on the dotted line that these figures were correct before your forms were filed and then swore they were correct during your 341, you're going to have an uphill battle with the trustees convincing them that you "accidentally" left off significant food and medical bills.

And perhaps the reason your lawyer is so uncommunicative with you now is because he feels like you haven't been listening to him all along? And perhaps you argue with the staff because they are saying things to you that you don't want to accept?

We want to help you, but you're blaming your lawyer for this problem when you need to take some responsibility for it too. You didn't give him accurate expenses and you left important expenses off. Your lawyer can only go with the information he has. If you give him bad information and then sign saying the information is accurate, then how is that 100% your lawyer's fault?

correction.. i did not know how this worked.

i spoke my lawyer 3 times in this whole process.. the rest of the time i spoke to his asst. and thats including the 341 meeting.

i am not saying its all his fault.. he shouldve let me look at all of the expenses another time to make sure they were correct. and i shoudve done this on my own... but there was a stack of papers to sign and his office was very busy.

also the means test the lawyer had drawn up showed no presumption of abuse and i thought that was what the outcome would be.

[dumbdumb]

i have another question.... can i contact my trustee on my own without my lawyer?

[lrprn]

i have another question.... can i contact my trustee on my own without my lawyer?

If you do, the trustee is just going to tell you to contact your lawyer. And if there's already "bad blood" between you and your lawyer, going around him to contact the trustee directly will add a whole new level of conflict between the two of you.

[HenriettaHen]

Trust No Body.

Your ass is on the line.

Download your entire petition from PACER, and go over it line by line.

There is no excuse for either getting ripped off by a lawyer, or screwing up your own filing, which you are entitled to by U.S. law.

DO YOUR HOMEWORK.

Go to the Bankruptcy Court website for your state. Look up the law and use it!