Question about Car and Schedule J Expenses

[MixerDriver08]

We had at the onset of this whole ordeal intended to keep our car but are now really having second thoughts. I was - $91 dollars on my Expenses but if I let the car go that would make me + $290. What are the chances of getting bumped into a chpt13 I'm in construction and 1 bad month and that +290 could evaporate to $0 Just hate to make 2 or 3 uneeded Car payments of $380 if I don't have to. Really just afraid of having to go Chpt 13. We are filed and waiting for our 341 Meeting date. I am sorry if the post doesn't make sense but I'm at wits end just wish this whole damn thing would be over. Any Input would be great Thanks

HT

[Tbornetun]

You wouldn't be forced into a Chapter 7 based on Schedule J and a couple hundred bucks. If you passed the first part of the means test for Ch 7, you are fine. If you needed to use the payment in the second portion of the means test, it may have some bearing on it depending upon what district you are in but if you have already filed, probably not.

[MixerDriver08]

Yes filed Friday I just don't want it to be a sticking point that's all. Like I said I don't want to make payments just to hand the car in after the discharge. I was Current when we filed. We were a few hundred dollars over the means test but Lawyer used deductions and we came in under no problem. He told us last friday make sure anything we want to keep is current, and if we don't want the car stop paying on it> He has been really great to us and he didn't seem to concerned with the thought of us not keeping the car.

[Tbornetun]

Then you are fine. DO NOT sign a reaffirmation agreement. It happens a lot that a debtor intends on keeping a vehicle when they file the BK then decide after filing that they don't want to and stop making payments. Your petition is a snapshot of the day you filed, letting a car go and having your expenses change after filing is common.

[MixerDriver08]

Thank you I think I may actually sleep a little tonight. This whole thing is an emotional rollar coaster...LOL I'm a basket case now can't wait for the 341 or the 60 days after that.... Keep telling myself that it will get better Thanks again guys for all your input.

[MNBK7guy]

I was much higher on the positive side than you are and I have not had any issues about it. Like Tborn said, if you are under the median for your area, it will not be an issue. I had this same concern and my attorney told me not to worry about it. I was nervous about it, but I figured I was paying him the money to his opinion and expertise in dealing with these matters and what the trustee's in the area look for.