My week of bk drama .. Next weeks gotta be better

[klandsb]

Ok so the saga continues... Briefly I didnt understand why the petion I filed and the trustee's pmt amounts are so much different.. In the likes of $432.00 a mth. So I get a stack of papers from my attorneys office today with some paperwork in it and I am trying to figure out where the trustee came up with the difference. Here is what I have concluded so far: any thoughts appreciated.

My sons income is 1080.00 mthly. Like it not I dont make him pay to live with me. He just turned 20 and doesnt really cost me much. I would be making all the same payments with or without him except a little more laundry detergent ,water, food & personal items. Seriously I hardly every see him . He sleeps here and thats about it..
I had listed my son's expenses such as cell phone,motorcylce pmt, car ins, motorcycle ins at $ 700 on original I signed .. She has listed $ 500

ALso, when my income vs expenses(schedule I & J) . Missing on this would be either 401 k contributions or loans ?? I thought it was either but not both and I see no place for it. But my grandsons daycare is include on there.

I do see at the very end of this stack of papers my B22 and it states I have a DMI of $ 551. My grandsons daycare which I pay 1/2 of is not taken off . Its on line 60 other expenses . If u take that off it leaves a DMI of $ 311..
But my 401 K contributions are taken off this form..
If on the B22 my DMI is $ 311 & my secured is $ 955 = $ 1266 which is very close to what my attorney sent in .. SO WHAT DO THEY GO BY ....
I AM SO CONFUSED....

P.S. The childcare expense could be easily verified. Daughter 23, bi-polar, single, gets no child support, on waiting list (#96) for child care help told could be 2 yrs .. Makes $ 10 an hr yada,yada

[aa06a47]

You might not want to include your son as a dependent / household expense when filing as it appears the trustee adds his income in as disposbile income. How the trustee actually calculates disposible income should be black and white, but it appears to be a grey area.

[klandsb]

Yea... Its like I am stuck between a rock & a hard place. If I want to have 2 person household and benefits those amounts then I have to add his income but at another point it is hurting me... Like a no win situation

[lrprn]

Yea... Its like I am stuck between a rock & a hard place. If I want to have 2 person household and benefits those amounts then I have to add his income but at another point it is hurting me... Like a no win situation

You said that your son doesn't contribute any of his earnings to the running of your household. If that's the case, then his income will be added in initially on the Means Test but then should be subtracted back out *in full* later on the Means Test. Did your attorney do that?

[klandsb]

Irpn... No... My sons net income is $1080.00 & they have listed expenses $ 500.00 ??
Honestly I told them his expenses for motorcycle pmt & insurance, car insurance, cell phone bill & misc items was $ 900.00 ... So either the attorney changed it or the trustee changed it to be $ 500.00..

P.S... Any kind of vehicle insurance is very expensive for a 20 yr old male....

[lrprn]

Irpn... No... My sons net income is $1080.00 & they have listed expenses $ 500.00 ??
Honestly I told them his expenses for motorcycle pmt & insurance, car insurance, cell phone bill & misc items was $ 900.00 ... So either the attorney changed it or the trustee changed it to be $ 500.00..

P.S... Any kind of vehicle insurance is very expensive for a 20 yr old male....

Then you need to sit down with your attorney (*not* the paralegal) and start asking for answers to all these questions and why decisions were made to change figures that you supplied without discussing them with you first. It's a shame you didn't catch these before the case was filed, but it's not too late to file an amended plan if that proves necessary.

[klandsb]

Thanks for all your help and know that its truly appreciated !!!
My bad, the paralegal sent me out the draft paperwork and said to calll if I saw anything wrong . Which I did and she made some changes. The bad part is some of the papers I needed to sign and send back, so now when I look at some of the original paperwork she sent there are pages missing. So learn from my mistakes I should have copied them before sending them back to her....I have an appt with my attorney this Tues and I plan on going in like a pitbull... I dont want to make him mad but I dont want to be a pushover either. I think because I am a single female that maybe he thinks I will go along with everything but I intend to let him know I am paying him to protect me in all of this....