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    Adjustments on B22c? Attorney unwilling

    Hello,

    We are in the midst of preparing a Chapter 13. Our attorney doesn't want to claim any additional expenses on form B22c, outside of the strictly normal IRS allowances.

    Is there a reason for that? (I haven't gotten a satisfactory response from my attorney.)

    From my perspective, I don't understand why you wouldn't list every legally available deduction? For example, we have a child with fairly severe OCD (Obsessive Compulsive Disorder) - and have some additional expenses (not covered by insurance) related to that.

    Also, on Schedule J, can we include expenses for our dog? My understanding is that Schedule J is more of a "real world" picture of our expenses. But again, our attorney only wants to list numbers he thinks the trustee won't balk at. My own thinking is, put the numbers down. If the trustee balks, then the payment can always go up.

    I suspect the attorney is trying to avoid an audit; not because of what they might find, but rather, the effort involved. I don't know. Is this behavior normal?

    Thanks for any advice...

    #2
    For the medical expenses: Fight to have them included. If you have documentation that shows the added expense I don't see how anyone can argue with that.

    As for the pet expenses: Your attorney may be leaving this out (and other things) because he is familiar with what the trustee and judge won't allow.

    Don't sign your petition until you are comfortable with the numbers & explanation of line items.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      As newbie wrote, if you have additional medical expense above what's already allocated (health insurance and the $58/per person/per month OTC medical expenses) then you can put it on Form B22C and attach the requisite documentation.

      As for pets... that's a personal choice to have one and no Trustee will allow you pet expenses at the expense of not paying your creditors. Harsh to hear, but that's the reality.

      It is normal for your Attorney to provide you guidance on what's acceptable and not acceptable. This is not to avoid more work. It's to avoid the obvious, which could bring more scrutiny on all your numbers.
      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


        #4
        I had added $50 a mth for pet care and nothing was said at my 341... Like Justbroke said it may be each district/trusttee is different....
        Those who live in glass houses should not throw stones
        Chapter 13 filed 10-21-09
        Discharged 4-13-15

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