Is anyone else alone in the planning aspect --- spouse isn't helping

[ssmdem]

I'm really freaking out tonight, and my husband is just simply making it worse. I think there have been some serious errors made in our filing, but the one glaring error that I can see that is the key deciding factor in all of this is the vehicle expense on the means test. It's listed as $678 when every document I can find clearly shows $478. With the $678, we're negative and easily pass the means test - with the $478, we're positive and we're too close for comfort on the means test -- the slightest little thing that the trustee won't allow, and we're a chapter 13. My husband is telling me to leave it alone and just go with it -- "They're attornies. We can't be expected to know every little aspect of what's allowed and what's not. That why we hired an attorney." My response is -- we're a family of 4 with two cars, pretty typical in America. That figure is going to stand out to a trustee as incorrect without too much scrutiny.....never mind, the rest of the errors I've found. I can't just "ignore it" and keep my mouth shut. Essentially, if we're pushed into a chapter 13, he's going to blame me forever. So much for the worrying and stress part being behind me -- I'm freaking out now more than over because there's no going back now - we're already filed, we're in this with both feet.

[Memphisbelle]

I don't know much but I would at the very least ask the attorney what the rational is for that amount and why he thinks a trustee will approve of it. What if it is just a mistake and you or they can find another deduction that they haven't considered because with that faulty deduction amount they didn't need to. One thing I have thought of doing is increasing my tax with holdings a bit so I can deduct more taxes on schedule J. I owe money now at the end of the year. Nothing much to raise alarm but every little bit counts. ?

Is it possible to amend it before your 341 ?

[clevelandmom]

Hi ssm,
Memphisbelle is right- talk to your attorney. One thing I do know is that after our paperwork was filed, not once did our attorney's office ask us if everything was correct, but at our 341 the Trustee specifically asked if we have reviewed the document and asked if there was anything that was inaccurate and needed to be changed. So talk to your attorney - it may very well be an honest mistake and YES, they can fix it before the 341, but you're better off to find out sooner rather than later.

[ssmdem]

WHEW!! Yes, I definitely was planning on talking to the attorney -- just didn't want my husband blaming me forever if we ended up in a chapter 13 -- but looks like the additional $200 is correct due to the age of the vehicle! I was sweating bullets here!! There's a few other errors - nothing that majorly changes the outcome of anything, but I still want them fixed. But had that deduction been incorrect, I'm afraid we wouldn't have been able to file a chapter 7. So grateful for this forum to find out that the additional was indeed correct and that I didn't have to stay up all night worrying!

[Peeps]

Is it the transportation cost listed on schedule J? If so, the IRS standard for bankruptcy lists 2-car costs in Miami as $640. Maybe it's allowed to be a little bit higher in your area (I'm assuming Florida, since that's what's showing on your profile). Or maybe the rates are being adjusted soon. Not sure. While it's still not the $678 that you're questioning, it's pretty close. It's worth asking your attorney about but I wouldn't spend the night in panic mode. As for those other errors, I can only suggest knocking 'em out one by one. Maybe they're not errors. If they are, they can still be corrected.

Here's a link to the table with the transportation costs:

http://www.irs.gov/businesses/small/article/0,,id=104623,00.html

[ssmdem]

Is it the transportation cost listed on schedule J? If so, the IRS standard for bankruptcy lists 2-car costs in Miami as $640. Maybe it's allowed to be a little bit higher in your area (I'm assuming Florida, since that's what's showing on your profile). Or maybe the rates are being adjusted soon. Not sure. While it's still not the $678 that you're questioning, it's pretty close. It's worth asking your attorney about but I wouldn't spend the night in panic mode. As for those other errors, I can only suggest knocking 'em out one by one. Maybe they're not errors. If they are, they can still be corrected.

Here's a link to the table with the transportation costs:
http://www.irs.gov/businesses/small/...104623,00.html

Nah, it was the vehicle operating expense on the means test. The NOLO calculator was showing $478, the justice dept website was showing $478, and I couldn't for the life of me figure out where they were getting the additional $200. Had someone clue me in on another thread that you can get an extra $200 if your vehicle is older with lots of mileage -- and yep, one of our cars fits that criterion - so that explained it. Got several other questions for the attorney tomorrow, but this main one that was freaking me out at least is answered!

[ssmdem]

But for the record, my husband's "don't worry, be happy" attitude throughout all of this has driven me insane! Yes, I've spent way more hours obsessing than I've needed to, but at least I've been prepared and know that what we're turned in was correct. His whole demeanor tonight throughout my little panic has just bugged me - "It's not OUR mistake. Just pretend like you didn't see it. We can't be expected to know everything." Oh dear God!! Would you please take this seriously???? In my next life, I want to be the one that just skips through life merrily without a care in the world.

[walker740]

But for the record, my husband's "don't worry, be happy" attitude throughout all of this has driven me insane! Yes, I've spent way more hours obsessing than I've needed to, but at least I've been prepared and know that what we're turned in was correct. His whole demeanor tonight throughout my little panic has just bugged me - "It's not OUR mistake. Just pretend like you didn't see it. We can't be expected to know everything." Oh dear God!! Would you please take this seriously???? In my next life, I want to be the one that just skips through life merrily without a care in the world.

My husband is just like yours!!! He doesn't understand why I obsess over this, he says to just leave it up to the attorney. Ugh. He also doesn't believe a trustee will look twice at our case because we are under median (only by $2000). He thinks they only look at cases where people are multi-millionaires. Hubby also believes we definitely can file a chapter 7 because the attorney took a glance at his pay stubs and said we could. I tried to explain to him about "dmi" and he didn't understand what I was talking about. I'm scared of being forced into a chapter 13, but he isn't. We are filing next week and I will be going over every sheet of paper with a fine tooth comb. Hubby would sign it without even looking at it! He is also a talker, and I'm so nervous he won't stick to the yes/no answers. I am really dreading that!!! Ok, enough ranting about my hubby! lol

[platter]

You might want to warn him to stick to the yes/no answers and maybe provide a scenario of what could happen if he talks too much. You don't want any unnecessary responses.

[Fallonedward]

I filed back in November and yes I felt very alone. I worked a full time job, plus worked 10 hours plus a week gathering and researching for our BK7. Hubby was home unemployed, looking for work. He told me the same thing, don't worry, thats why we hired an attorney.

Well for me, I'm glad I did worry and put all of the work into it that I did. I was very prepared for my filing and went over my paperwork with a fine tooth comb. I also brought all of my backup paperwork with me to my 341 and I'm glad that I did as my attorney FORGOT to send in copies of our mortgage, titles to car, etc, etc and I was able to produce everything right there on the spot for the trustee. I'm now awaiting discharge and in the 60 day club and have never felt better.

You need to be prepared, but its very hard when your doing it all yourself.

You will do great, call the attorney as others have suggested and go thru all of the line items that you feel are wrong, these attorney do make mistakes and its on your to make sure everything is right

I'm really freaking out tonight, and my husband is just simply making it worse. I think there have been some serious errors made in our filing, but the one glaring error that I can see that is the key deciding factor in all of this is the vehicle expense on the means test. It's listed as $678 when every document I can find clearly shows $478. With the $678, we're negative and easily pass the means test - with the $478, we're positive and we're too close for comfort on the means test -- the slightest little thing that the trustee won't allow, and we're a chapter 13. My husband is telling me to leave it alone and just go with it -- "They're attornies. We can't be expected to know every little aspect of what's allowed and what's not. That why we hired an attorney." My response is -- we're a family of 4 with two cars, pretty typical in America. That figure is going to stand out to a trustee as incorrect without too much scrutiny.....never mind, the rest of the errors I've found. I can't just "ignore it" and keep my mouth shut. Essentially, if we're pushed into a chapter 13, he's going to blame me forever. So much for the worrying and stress part being behind me -- I'm freaking out now more than over because there's no going back now - we're already filed, we're in this with both feet.

[ssmdem]

My husband is just like yours!!! He doesn't understand why I obsess over this, he says to just leave it up to the attorney. Ugh. He also doesn't believe a trustee will look twice at our case because we are under median (only by $2000). He thinks they only look at cases where people are multi-millionaires. Hubby also believes we definitely can file a chapter 7 because the attorney took a glance at his pay stubs and said we could. I tried to explain to him about "dmi" and he didn't understand what I was talking about. I'm scared of being forced into a chapter 13, but he isn't. We are filing next week and I will be going over every sheet of paper with a fine tooth comb. Hubby would sign it without even looking at it! He is also a talker, and I'm so nervous he won't stick to the yes/no answers. I am really dreading that!!! Ok, enough ranting about my hubby! lol

Are you sure we aren't married to the same guy? Honestly, you will probably be fine though as far as the Chapter 7. If you're under median, I do believe they tend to not look at your case as closely. That doesn't mean your DMI numbers don't still have to be there - but you really shouldn't have problems getting them there with a good attorney. Just make sure everything is correct and accounted for.

And again, I hear you on the "talking." I've warn him every time we go to the attorney's office -- "You're practicing for being in front of the trustee. Quick short answers - NOTHING ELSE." He's done good except the last visit when he got into this ridiculous conversation about her purple walls in her office. She was gabbing right along with him, but as long as he keeps his conversations off our finances, I'm good.

[ssmdem]

I filed back in November and yes I felt very alone. I worked a full time job, plus worked 10 hours plus a week gathering and researching for our BK7. Hubby was home unemployed, looking for work. He told me the same thing, don't worry, thats why we hired an attorney.

Well for me, I'm glad I did worry and put all of the work into it that I did. I was very prepared for my filing and went over my paperwork with a fine tooth comb. I also brought all of my backup paperwork with me to my 341 and I'm glad that I did as my attorney FORGOT to send in copies of our mortgage, titles to car, etc, etc and I was able to produce everything right there on the spot for the trustee. I'm now awaiting discharge and in the 60 day club and have never felt better.

You need to be prepared, but its very hard when your doing it all yourself.

You will do great, call the attorney as others have suggested and go thru all of the line items that you feel are wrong, these attorney do make mistakes and its on your to make sure everything is right

Thank you -- I do plan on bringing my big old file with me to the 341 -- even though she said, "Oh, you just need your SS card, driver's license, and December bank statement." I'll have those, but I'm going to have everything else too.

[tobee43]

WHEW!! Yes, I definitely was planning on talking to the attorney -- just didn't want my husband blaming me forever if we ended up in a chapter 13 -- but looks like the additional $200 is correct due to the age of the vehicle! I was sweating bullets here!! There's a few other errors - nothing that majorly changes the outcome of anything, but I still want them fixed. But had that deduction been incorrect, I'm afraid we wouldn't have been able to file a chapter 7. So grateful for this forum to find out that the additional was indeed correct and that I didn't have to stay up all night worrying!

you can correct anything....on that petition...just call the atty. it may cost you, however, you can make up the cost factor in different ways...

we filed in the middle district the trustee thought i listed TOO LITTLE For OUR FOOD COSTS!!! go figure....i would up the food a bit.....and i don't know about you, but are electric bill has increased...next door doubled....our water bill, sewer etc...it went up as well....i could make up $200 in a blink within this past year just by actual expenses.

LOL!!! i THINK we are all married to the same guy.........except MINE didn't even know when the petition went in....it was just sign this or that...he was a zombie from losing his job....i thought i almost lost him for a while...

[ssmdem]

I would hope my attorney wouldn't charge me for this -- it's things the paralegal put in incorrectly. I gave her all the accurate information, but I don't know where she's getting these figures from. When we signed the papers, we weren't shown all the "mechanics" that gave us the bottom line numbers, just that your DMI is a negative this amount, and you passed the means test. They've got us listed for a 2010 tax refund of some weird (higher than we've ever received) amount that I don't have a clue where they came up with it from. Union dues I clearly showed as $99.89 a month -- she's got it listed as $331.75. ??????

[tobee43]

ssm....got it...if it was the paralegal's mistakes you bet they best NOT charge you......

also...the paralegal made SO many mistakes she had to do ours 4 times and she was NOT a happy camper....i had to email the atty many times to tell him i go to his office and do it myself i was so sick of her NOT being able to get the info inputted corrected....really MOST Of these people are NOT paralegals...

we found that out when i finally pinned her against the wall with all the mistakes she was making...how's this one...

she was using an address...a HOUSE...the HOUSE we were surrendering ..............that we lived in OVER 30 years before the filing!!!!!!!!!!!!! we kept telling her over and over...it was on the petition...all the paper work....unreallllllllll!!