HELP what do you think of my schedule I and J

[adina]

We are converting to a chapter 7 from a 13 can someone HELP with new schedules am i leaving anything out or anything flag concern. This is a joint filing

Schedule I
Income - Self = 3668 spouse = 4375
payroll taxes - self= 341 spouse = 558
insurance - self = 341 spouse = 167.00
401k - self = 177.40
NET MONTHLY INCOME -6474.10

Schedule J
Rent - 1900
Electricity and gas - 209
water - 130
Telephone - 200
Garbage - 111
food- 965
clothing 400
laundry 50
medical and dental - 50
transportation - 300
recreation - 50
Auto insurance - 252
Auto payment - 900
student loan - 100
payments for disabled parents - 300
childcare - 600

Monthly income 6474
monthly expenses 6517
net income = -43.00
any feedback is appreciated

[adina]

we are a family of 5 forgot to add that and in northern CA

[ccsjoe]

We are converting to a chapter 7 from a 13 can someone HELP with new schedules am i leaving anything out or anything flag concern. This is a joint filing

Schedule I
Income - Self = 3668 spouse = 4375
payroll taxes - self= 341 spouse = 558
insurance - self = 341 spouse = 167.00
401k - self = 177.40
NET MONTHLY INCOME -6474.10

Schedule J
Rent - 1900
Electricity and gas - 209
water - 130
Telephone - 200Why so high, are you including cell phones? If so should be separate
Garbage - 111This is really high. We are in NorCal also and my garbage bill is 27/month
food- 965We are family of 3 and claimed 900 on food. You are family of 5, 1200 should easily pass muster
clothing 400Seems quite high, we claimed 150
laundry 50
medical and dental - 50
transportation - 300
recreation - 50
Auto insurance - 252
Auto payment - 900
student loan - 100
payments for disabled parents - 300
childcare - 600
What about gas and maintenance costs for car? Vehicle registration?Toll booth fees?Did you include Bart under transportation expenses?Personal care such as haircuts, etc?Cable? Internet?edical and dental insurance? Home maintenance (We rent and claimed 50)? How many cars in the 900 auto payment? Seems really high.
Monthly income 6474
monthly expenses 6517
net income = -43.00
any feedback is appreciated

See some comments in bold above.

[adina]

thanks the car payment is for only 1 car. We owe 34k Car is worth 28k where do i add the additional expenses for the vehicles gas, registration etc...and yes the phone is including cell phones. can i add costco membership and cable too and if so where also my son attends a tutor 3 days a week

[Freddy03]

I thought you could not include student loan in expenses?

$400 for clothing seems really high. We are claiming $150 also.

and what is transportation? Is that gas and tolls?

[adina]

So i should cut down on some of the clothing and add the cable bill and the tutor

[ccsjoe]

Good catch on Student loan expenses Freddy, those will need to go. Cut the clothing expenses please. Be prepared to provide a garbage bill for 111/month, it is not typical or at least my county in NorCal. Yes, add costco membership (divided by 12) along with car maintenance costs, vehicle registration fees, etc. Any other membership too. Cable you can add under utilities-Other (separate page), same as garbage. Vehicle registration I believe line 17 or 19 (also labeled other, provide separate sheet with breakdown). Tutor also, but be prepared to defend tutor.

Oh yes, and ADD food

[adina]

So the student loan shouldnt be listed on the schedule? My son needs tutoring he has a learning disability and has an active IEP for special education. Also where do i add registration and gas expenses. My attorney drafted this based on the bills i gave him and is asking me to make necessary changes

[ccsjoe]

adina, gas expenses are added under vehicle operation expenses. Vehicle registration fee are added under 17 or 19 (under) in separate sheet. What baffles me is that your attorney should be the one taking your numbers and filling them in where they should go, not you. Also, why is your attorney not seeing you had incomplete information? For example, where is your personal care expense? Home maintenence? Renter's insurance? Again, please increase your food costs and decrease your clothing. Tutoring under the conditions you described should pass muster.

[adina]

My thoughts exactly about the attorney i choose hopefully. I have paid to do my own work and catch errors FANTASTIC. Where do i include personal expense?

[ccsjoe]

Personal Care-Line 17-Other (I finally opened my schedules and looked it up.) Everywhere previously that I said line 19, I meant Line 17

[adina]

thanks

[adina]

Below is a copy of my schedule J. Do i remove my student loan???

1. Rent or home mortgage payment (include lot rented for mobile home) $ _____________ 1900

a. Are real estate taxes included? Yes ________ No ________
b. Is property insurance included? Yes ________ No ________
2. Utilities: a. Electricity and heating fuel $ ______________ 250

b. Water and sewer $ ______________ 150

c. Telephone $ ______________ 0

d. Other __________________________________________________ _________________ See detailed expense attachment cable/cell/garbage
$ ______________ 300

3. Home maintenance (repairs and upkeep) $ ______________ 50

4. Food $ ______________ 1000

5. Clothing $ ______________ 50

6. Laundry and dry cleaning $ ______________ 50

7. Medical and dental expenses $ ______________ 50

8. Transportation (not including car payments) $ ______________ 500

9. Recreation, clubs and entertainment, newspapers, magazines, etc. $ ______________ 25

10.Charitable contributions $ ______________

11.Insurance (not deducted from wages or included in home mortgage payments)
a. Homeowner’s or renter’s $ ______________ 13.33

b. Life $ ______________

c. Health $ ______________ 24.00

d. Auto $ ______________ 180.00

e. Other __________________________________________________ _________________
$ ______________

12. Taxes (not deducted from wages or included in home mortgage payments)
(Specify) __________________________________________________ _________________________
$ ______________

13. Installment payments: (In chapter 11, 12, and 13 cases, do not list payments to be included in the plan)
a. Auto $ ______________ 900

b. Other __________________________________________________ ____________ student loans
$ ______________ 109

c. Other __________________________________________________ __________
$ ______________

14. Alimony, maintenance, and support paid to others $ ______________

15. Payments for support of additional dependents not living at your home $ ______________ 300

16. Regular expenses from operation of business, profession, or farm (attach detailed statement) $ ______________

17. Other __________________________________________________ ________________________ Childcare / personal care /vehicle registration
$______________ 900

18. AVERAGE MONTHLY EXPENSES (Total lines 1-17. Report also on Summary of Schedules and, if applicable, on the Statistical Summary of Certain Liabilities and Related Data.) $______________ 6751

19. Describe any increase or decrease in expenditures reasonably anticipated to occur within the year following the filing of this document:
20. STATEMENT OF MONTHLY NET INCOME

a. Average monthly income from Line 15 of Schedule I $______________ 6473

b. Average monthly expenses from Line 18 above $______________ 6751

c. Monthly net income (a. minus b.) $______________ -278

[ccsjoe]

Looking much better. Drop the Student Loan. Add Costco membership. Increase clothing to up to 150. That should be pretty close to final since you're doing your attorney's job.

[LaurieM]

I think that when you are in a chapter 13, student loans are paid through the plan.... lenders file proofs of claim, like all other creditors. If the the student loans were in deferment prior to the filing, they come out of deferment and are paid at the same % the other creditors are paid. When the 13 is complete, apparently you're able to put them back into deferment. That being the case, you wouldn't include student loan payments in Schedule J.

Not sure about other states but the means test in Ohio allows $147.50 per month, per child for education expense... I'd consider tutoring an education expense but I'm not the judge (nor an attorney).