Just back from 341 Meeting...didn't go so well

[13inIN]

B22C is SUPPOSED to govern the DMI in above median cases, so probably can fight whatever they argue about on sched. J.

Just the opposite is what I found in my year+ of objections, hearings, etc.

B22C is regarded as "merely a starting point", especially for above median cases. Several courts have taken that opinion, as we were also pushed that way.

[justbroke]

B22C is regarded as "merely a starting point", especially for above median cases. Several courts have taken that opinion, as we were also pushed that way.

I concur and there is much caselaw on this.

[TooMuchCredit]

I concur and there is much caselaw on this.

By that you mean they can argue about the amounts entered. I.E. Medical expenses, etc.? I understand that part. But if you have proof of all of the expenses, they really can't demand you pay more than the DMI indicates. That would seem to be 'bad faith' on their part :-)

[justbroke]

By that you mean they can argue about the amounts entered. I.E. Medical expenses, etc.? I understand that part. But if you have proof of all of the expenses, they really can't demand you pay more than the DMI indicates. That would seem to be 'bad faith' on their part :-)

Yes they can, and here's why.

What if you are in a 1,200 sq ft home and you're using $600/month in electricity. The average home is 1,500 sq ft and uses $200/month in electricity. The Court can say that you are using an unreasonable amount and need to use less electricity.

Just because your payments are higher, doesn't mean that you're entitled to have them accepted as allowed... just because you can document it with bills. Now take the same electric bill, but the person has a child that's on a heart lung machine (that uses lots of electricity). That's a different case than the single guy using $600/month in electricity for no apparent reason.

[TooMuchCredit]

Update:
Had my motion to value hearing today. 2nd mortgage had filed responses to the motion and Objection to discharge, but did not show up at the hearing so the Motion was granted. So it is essentially on the way to being stripped when I finish my 5 year plan.

Yippie!!

Ok, shouldn't I see something on PACER regarding the motion being granted? Maybe it takes a while to show up...

Just want to make sure it doesn't get missed and won't get reversed ;-)

[Dizzy]

It's all about strategy. Plus, those two "missed" payments, you can use for other "necessities" like stocking up on food, getting medical work done, getting new clothing, fixing a car, etc.

He's smart, but I've never heard of a lawyer actually giving "constructive" ways to save money in your Chapter 13. Most skirt around the issues.

But isn't it true that you aren't allowed to have any money put back or is that just in a 7?