What happens if the trustee tried to force a 13

[confusedinVA]

This is something I have been worrying and wondering about. Hope someone can give me some insight.

My husband and I filed pro se chapter 7. Our expenditures show that we have $36 left over at the end of the month. The median income for our family size is double what we make together. I am just so worried that the trustee will try to disallow some of our expenses and force us into a chapter 13. If he does this, there is no way we will be able to make payments. We have a hard enough time keeping up with the necessities.

Does anyone have any input or encouraging words? Anyone have any idea if the trustee will try to push a chapter 13 on us?

[Minnymouth]

No way...... sounds like a straight Chapter 7...... unless you have assets they can take, lots of equity in a home, etc.....
You'll probably be okay..... most people have to have at least over $100 of disposable money before the Trustee even thinks Chapter 13....
Also a lot of this is determined whether you have assets you want to keep (home - with payments in arrears) then you would have to file a 13 to keep your home...

[alh]

You should be fine. My guess is that you didn't list all your expenses. Even just using the IRS guidelines, if the median is double you income you won't have any dispososable income. If worse came to worse, (which it won't) you can always amend your expeditures. There are a couple of good threads on all kind of thing that people forget.

[confusedinVA]

Thanks so much. That is pretty much what I was thinking but I am a worrier. I dont have anything valuable, we are renting our house. We do have a van and truck but the van is a 95 and the truck is a 85. Neither are worth over 2,000. There really isnt anything of value.

Thanks again, I knew someone would help ease my mind.

[edwards2]

Agree with Minny...doesnt sound like you will have problems convincing the trustee to allow you to file a 7. Of course there is no guarantee but unless you have any valuables stashed away somewhere your case sounds like a textbook Chapter 7.

[SinkingFast]

If you were over the Median, with a +$36, I'd be worried. If you were over the Median I woulda suggested you go in negative. But, under the Median, there's not much the Trustee can do in the way of trying to force you into a Ch 13.

And as others here have said, you probably didn't list all your expenses that you could have. So, you can always pay the $26, or whatever, fee and amend your original petition to include the extra expenses.