Can the trustee change that?

[jessegirl]

I am just curious - if we qualify for a chapter 7 and now that we are going to have some money left over once the discharge happens can the trustee say that being we qualify for a chapter 7 BUT we are going to have some money left over if we do a BK7, that the trustee will say I want to change this to a BK13? My hubby says no, But i am getting paranoid cause we will be living comfortable once the 7 goes thru. Can they do that? Hubby says there are laws and the law is the law no matter what. Is that correct?

[TEW]

You go by what is on your schedule J not the means test. In my, distract you can not have more then $170.00 disposable income after all your expenses are added up.
And yes you can be forced into a 13 if you have to much disposable income.

[kimba251]

It depends what you mean by money left over after the discharge. If you have disposably income over 186.50 (my area) then you will be forced into a 13 or it could get dismissed.

If you have some money coming at some time after the discharge (like someone takes a second job) then you would be all set with that. If you have money coming after that you know of like a lawsuit awardance (for example) then you have to mention it to your trustee or you could get your whole case dismissed for fraud.

Are you over the median? If so you are going to be scrutinized much closer and a UST will most likely get involved. Just make sure you aren't putting any numbers down you can't document. If you truly belong in a 13 they will find out and have you change it or risk having it dismissed.

Your husband it right that the law is the law but he may be interpreting it wrong. If you have alot of disposable income you won't pass the means test anyway.

I don't know if you are going pro se but I would talk to a lawyer and see where they think you belong and go from there.

[jessegirl]

I did speak to my lawyer and hes says we have nothing left over from the means test. You know I am just adding my expenses, BUT i haven't added anything as far as food, clothing, entertainment, gas, etc. Where would I find a web-site with the trustee guidelines for monthly allowable expenses? So maybe after I pay my debts and then the attorney added in the allowable expenses maybe thats why i qualify for a 7.

I tried to do a search on google for the monthly allowable expenses but cannot find it, Anyone know it?

[Yankeegirl]

What you have to remember is that you complete your Schedule J with all the ALLOWABLE expenses with a goal of getting that number as close to zero or negative as possible. These are expenses that you probably weren't paying or budgeting for pre-bankruptcy (probably used a credit card for it!)

Some of these allowable expenses may be higher than what you ACTUALLY spend in a month. In any case, you will most likely have money left over each month. The Schedule J lists monthly expenses, however, you don't necessary incur those expenses each month (eg. car repairs). You should be budgeting some money each month (ie saving it) to cover the car repairs that you will encounter in the future.

[jessegirl]

Thanks Yankeegirl and might I say I am a yankee fan too! You are right I didn't budget in any of those expenses. I have to budget myself you are right. I haven't been able to cause I am trying to pay the attorney and I have no money left after paying bills and then sending something to the attorney.

[No Gravy]

I did speak to my lawyer and hes says we have nothing left over from the means test. You know I am just adding my expenses, BUT i haven't added anything as far as food, clothing, entertainment, gas, etc. Where would I find a web-site with the trustee guidelines for monthly allowable expenses? So maybe after I pay my debts and then the attorney added in the allowable expenses maybe thats why i qualify for a 7.

I tried to do a search on google for the monthly allowable expenses but cannot find it, Anyone know it?

Here's an online expense calculator that may help:

http://www.ca-bankruptcy-attorneys.com/calculators/expense_calculator.html

It lists a lot of items that might normally be forgotten or overlooked (like firewood, if it applies, or prescriptions).

The allowed exemptions vary by state, but they also go by the IRS's guidelines. Check the stickies in this section. I'm sure I saw links there.

[Cali]

My Schedule J, wasn't zero or negative.

The thing that helped me file C7 was the last part of the means test, where my mthly income was less than my allowed deductions which made my mthly disposable income negative.

What you have to remember is that you complete your Schedule J with all the ALLOWABLE expenses with a goal of getting that number as close to zero or negative as possible. These are expenses that you probably weren't paying or budgeting for pre-bankruptcy (probably used a credit card for it!)

Some of these allowable expenses may be higher than what you ACTUALLY spend in a month. In any case, you will most likely have money left over each month. The Schedule J lists monthly expenses, however, you don't necessary incur those expenses each month (eg. car repairs). You should be budgeting some money each month (ie saving it) to cover the car repairs that you will encounter in the future.