So after the UST filed the Motion to Dismiss for Presumption of Abuse, we filed our answers last week.
The UST has now responded with 6 interrogatories from that targeting what the disposition is of our 2012 tax refund (when/if we received it, how it was spent); what has changed to reduce our 2012 refund compared with tax years 2010 & 2011, which the UST had compared our January 2013 wages to and determined X dollars of excess tax refund that should be included in disposable income. We argued that this is not an accurate comparasion, many things have changed since 2010 particularly fewer tax credits available such as child credit, Making work pay, education, and also lower amounts paid for mortgage interest. Our 2012 refund was about 1/2 of the previous 2 years for these reasons.
They also questioned who the primary drivers are of each vehicle as they had previously stated that expenses related to our adult children (although both in college with minimal p/t income and recognized by the IRS as dependents) are not applicable. We argued then that wages earned should be broken out along with any tax credits, deductions and exemptions that are specifically weighted for the children should be factored out as well.
We had to itemize our charitable contributions from 2012 and list out the ones so far for 2013 because again, the UST took the average from 2010 and 2011 and used that against the DMI. There was a vehicle originally listed on the auto insurance renewal binder that we no longer have due to being totalled so we had to say how much we got and what we did with those funds (bought another vehicle-approximately same amount).
The only one that was kind of out there was that our attorney put on our answers to the Motion that $50 per month for cable TV was necessary for the health and welfare of the family. Not really sure about that but I am wondering if the charges for a landline telephone would be more suited? We currently bundle the package of internet, phone and cable but if cable is disallowed, then we would technically have to unbundle the package and pay it out separately.
So, with all of this said, what are the chances that the UST might pull the Motion to Dismiss if these answers satisfy him? Our attorney is on vacation until next week and our next hearing is scheduled for May 21st. I am hoping that these will satisfy the trustee but not getting too excited about it.
The UST has now responded with 6 interrogatories from that targeting what the disposition is of our 2012 tax refund (when/if we received it, how it was spent); what has changed to reduce our 2012 refund compared with tax years 2010 & 2011, which the UST had compared our January 2013 wages to and determined X dollars of excess tax refund that should be included in disposable income. We argued that this is not an accurate comparasion, many things have changed since 2010 particularly fewer tax credits available such as child credit, Making work pay, education, and also lower amounts paid for mortgage interest. Our 2012 refund was about 1/2 of the previous 2 years for these reasons.
They also questioned who the primary drivers are of each vehicle as they had previously stated that expenses related to our adult children (although both in college with minimal p/t income and recognized by the IRS as dependents) are not applicable. We argued then that wages earned should be broken out along with any tax credits, deductions and exemptions that are specifically weighted for the children should be factored out as well.
We had to itemize our charitable contributions from 2012 and list out the ones so far for 2013 because again, the UST took the average from 2010 and 2011 and used that against the DMI. There was a vehicle originally listed on the auto insurance renewal binder that we no longer have due to being totalled so we had to say how much we got and what we did with those funds (bought another vehicle-approximately same amount).
The only one that was kind of out there was that our attorney put on our answers to the Motion that $50 per month for cable TV was necessary for the health and welfare of the family. Not really sure about that but I am wondering if the charges for a landline telephone would be more suited? We currently bundle the package of internet, phone and cable but if cable is disallowed, then we would technically have to unbundle the package and pay it out separately.
So, with all of this said, what are the chances that the UST might pull the Motion to Dismiss if these answers satisfy him? Our attorney is on vacation until next week and our next hearing is scheduled for May 21st. I am hoping that these will satisfy the trustee but not getting too excited about it.
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