Motion to Dismiss details-any advise?

[ahall]

In the letter we recieved the paper states:

1.) Male debtor will continue o decrease because of lack of construction start ups but BA feels that debtor has "weathered" the storm from 07-09.

2.) On line 22A the debtor deducts $600 for travel expenses and this deduction should be adjudted downward to $402. in order to comply with Internal Revnue Manual. On 22b, the debtor duducts $173 for public transportation. This amount should be redused to 0. The BA doubts that the debtors use piblic transportation as their primary source of travel.

3.) the debtors should also reduce line 31 to 0 as the debtors's already allotted a fixed amount in line 19B of $166.68 in to a health savings account whochis deducted on line 34c. Schedule J or the debtor's bank account statements support the additional medical expenses. Line 32 should be reduced to $60

4). Line 39 should be reduced to $42 as the debtor's may only deduct the actual amount they pay in addition to basic telephone and cellular services. The BA does not believe the addtional amount claimed to be reasonable and necessary, especially when it appears that the debtors are grasping at mythical deductions in previous area's of their mean's test in an attempt to "pass" the test.

With these adjustments the BA BELIEVE'S DEBTOR'S HAVE $905.10 OF DISPOABLE MONTHLY INCOME. The debtors's schedule J appears to be excessive and some expenses are not necessary.

The debtor's further deduct $120 for personal groomimg and $125 for lawn care $200 for home maitanence.-All seem excessive.

Lastly, the debtor's deduct $517 per month for student loan. A student loan is an unsecured debt.

Also we had reaffirmed 2 cars and now we have been given notice of a hearing regarding one of the cars in front of a judge- now we had to have the financial institute fix the numbers as they had originally put wrong numbers and they fixed and we resigned--so I don't know why we have to have a hearing---Any help

[justbroke]

I can't help you. Looks like, based on the deductions that the Bankruptcy Administrator found, you do not qualify for a Chapter7 discharge because you're disposable income is over $900 a month... unless you can disprove anything they wrote.

Student loans are not an allowed expense, so that $507/month right there is enough to push you to a Chapter 13 or a dismissal.

Did you file pro se?

[ahall]

no had attornewy

No- we had an attorney who has been in business over 20 years and said our numbers were all defensable and that she couldn't imagine them being questioned -----and I am quoting............

[AngelinaCatHub]

As JB stated, without more info, this is hard to compute. At this time, you need to make a fight by way of your paid attorney. I hate to say this, but the BA is either seeing more than we can see in your explanation, or there is more to this than we can understand or handle. 'Hub

[justbroke]

No- we had an attorney who has been in business over 20 years and said our numbers were all defensable and that she couldn't imagine them being questioned -----and I am quoting............

Well, it's time to make a defense. Hopefully your attorney will back her own words and not charge you for the defense.

[GettingGoing]

ahall, a quick search of this site shows that you have had a horrible time with your case from the start. Were you over the median? It seems as though the BA has questioned everything in your case.

[geye]

In the letter we recieved the paper states:

1.) Male debtor will continue o decrease because of lack of construction start ups but BA feels that debtor has "weathered" the storm from 07-09.

2.) On line 22A the debtor deducts $600 for travel expenses and this deduction should be adjudted downward to $402. in order to comply with Internal Revnue Manual. On 22b, the debtor duducts $173 for public transportation. This amount should be redused to 0. The BA doubts that the debtors use piblic transportation as their primary source of travel.

3.) the debtors should also reduce line 31 to 0 as the debtors's already allotted a fixed amount in line 19B of $166.68 in to a health savings account whochis deducted on line 34c. Schedule J or the debtor's bank account statements support the additional medical expenses. Line 32 should be reduced to $60

4). Line 39 should be reduced to $42 as the debtor's may only deduct the actual amount they pay in addition to basic telephone and cellular services. The BA does not believe the addtional amount claimed to be reasonable and necessary, especially when it appears that the debtors are grasping at mythical deductions in previous area's of their mean's test in an attempt to "pass" the test.

With these adjustments the BA BELIEVE'S DEBTOR'S HAVE $905.10 OF DISPOABLE MONTHLY INCOME. The debtors's schedule J appears to be excessive and some expenses are not necessary.

The debtor's further deduct $120 for personal groomimg and $125 for lawn care $200 for home maitanence.-All seem excessive.

Lastly, the debtor's deduct $517 per month for student loan. A student loan is an unsecured debt.

Also we had reaffirmed 2 cars and now we have been given notice of a hearing regarding one of the cars in front of a judge- now we had to have the financial institute fix the numbers as they had originally put wrong numbers and they fixed and we resigned--so I don't know why we have to have a hearing---Any help

OK. Not being mean, just being an outsider and my reactions, which really is what the trustee is, right? Without an explanation, it's reasonable to wonder these things I think.

Did you claim both public transportation and car costs? I did a quick search..was that supposed to be airline tickets costs? It does seem a stretch to me.

OK...why does it cost $120 for personal grooming? Is that for one person? Two? 6? (not sure from your post) Are you a model? How did you arrive at this number?

Does it really cost $125 a month to take care of your lawn? Is it a 10-acre, manicured lawn? We have an acre and spend about $40.

I looked at number 3 and it looks like they're correct. You can't double-dip. We get zero on the means test because our total is below the allowed amount.

How much did you claim for #4? I have $15, the actual cost of our internet. Did you not claim the actual cost as they suggested?

Do you have $2400 a year in home maintenance? Can you back it up?

I have no idea on the student loans. Was that deducted to pass the means test or on the schedule J?

[catleg]

You do have to recognize that even though it is framed as a motion to dismiss, what this letter is really intended to do, is to force the debtor to "voluntarily" convert to a chapter 13.

It's really up to the lawyer to back it up though.

If you want to discuss further it would be helpful to know the size of your household and which state and possibly district you're in.

I will comment that where I live grass cutting costs minimum $30 a cut which is per week. And as a homeowner I can't imagine maintaining a home with "only" $200 a month for any length of time. But I can see where ultra-picky punitive-type bankruptcy analysts can come from to attack this.

In a sense it's really stupid that there is no provision for a home maintenance fund in a ch13 to eliminate some of this nonsense. But I guess we're all just supposed to ignore the pool and the termites and the lawn for 5 years and let everything go back to nature. :-)

[SMinGA]

I think the $200 can go either way - depending on what backs it up. But in this case, they've already claimed a high $ for lawn care so that is not part of the $200.

In a sense it's really stupid that there is no provision for a home maintenance fund in a ch13 to eliminate some of this nonsense. But I guess we're all just supposed to ignore the pool and the termites and the lawn for 5 years and let everything go back to nature. :-)

[liz417]

Did you save any of your receipts? I was over the IRS Standards on a few catagories and was advised to save everthing just in case...
I hope your attorney will fight some of those expenses. Good Luck and keep us updated!

[catleg]

I wasn't including the lawn care in the 200 bucks either.

I'm thinking: various insects, gutter cleaning, drain stoppage, tree limbs falling down or trees needing to be cut down, heating system maint, a/c system maint, water heater maint, appliance failures. All kinds of stuff to just keep living in the house.

Not to mention stuff to make it look nice so the neighbors don't think you're an eyesore. Paint, landscaping (mulch , leaf cleanup, snow removal ).

Makes me wish I had pushed back harder in my own ch13.

[catleg]

It's funny, on this topic, the house 2 door down from mine has been notified of foreclosure (NLP) twice in the past couple of years, but she's still there. I noticed today that the rain gutters in the front of her house literally have plants growing out of them. Big ones too. Guess she probably has never cleaned the gutters. (Perhaps not even the previous owner too). So sad.

[feelingnutsy]

Hey---catleg---pardon me---what's NLP?

[catleg]

Notice Lis Pendens. In general it's a notice of a legal claim against a property. It is recorded with the county clerk like a deed or mortgage.