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First post-confirmation amendment

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    First post-confirmation amendment


    #2
    Congratulations on the momma to be! We... re-momma that is!

    Originally posted by NotHavingFun View Post
    "The Trustee felt the expenses were high when the Plan was confirmed and now they are even higher. This is a family of four but the two children, including the newborn to come, will be under 3 years old. The most extreme increases in expenses include Food which has now been increased from $650.00 monthly to $750.00 monthly, and Day Care which has increased from $680.00 monthly to $1,516.00 monthly."
    That daycare expense increase will be questioned, but is probably reasonable. What they'll probably do is compare the different between what you wife makes and what you're expecting to pay. However, you are right that your wife quitting, probably makes it worse. I don't think the Trustee will win on the food argument. However, they will probably harp on the childcare... just because it's a ripe target.

    Are you over the median income?

    Sounds like a "bad faith" objection to me. Perhaps you have a minimum amount you must pay unsecured creditors?

    They always ask for denial or dismissal under 1307 (in a chapter 13). Funny thing is the Trustee didn't list a relevant part of 1307 which would give me some clue. I think it's just standard Mumbo-Jumbo. Lingua du jour.

    Originally posted by NotHavingFun View Post
    We have a call into our attorney, so hopefully we will hear something soon.
    Right, best thing to do is wait for your attorney at this point.
    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


      #3
      Thank you very much for your help!!! I'll post additional information as it happens.

      Comment


        #4
        I think that daycare sounds very reasonable. I'm in the NE and you do NOT get childcare for an infant for less than $200 weekly - and if a center charges less than that - be afraid.

        In 1999, when my son was born, I paid $179/weekly.

        In 2003, when my daughter was 14 months old and my son a toddler, I paid over $2,000/monthly for the childcare.

        And $100 for food as an increase - that's it? What about diapers?

        I think your trustee is a bit out of touch...hope it works out!
        over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
        Confirmed, $801/month 56 down,4 to go

        Comment


          #5
          Thank you for the information!!! I really appreciate it!!! My trustee is "out of touch" - she is so rude and mean - she makes you feel so much worse than you already are!!!

          I'm not going to back down - I'll present our budget to the judge - if needed. I'll let him make the decision.

          Comment


            #6
            You can also download price information from some of the national daycare franchises - Bright Horizons, The Goddard School, Kiddie Academy, etc.
            over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
            Confirmed, $801/month 56 down,4 to go

            Comment


              #7
              Originally posted by Ifonly View Post
              You can also download price information from some of the national daycare franchises - Bright Horizons, The Goddard School, Kiddie Academy, etc.
              Very good point and strategy ifonly. That way, you can enter them as evidence that the prices are both customary and reasonable.
              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

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