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Az Childcare exemption - Trustee's objection

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  • Az Childcare exemption - Trustee's objection

    We filled Ch 13 in January. Prior to filling, we sat down with our attorney and explained that our child would be born at the end of March, this year. So, our expenses would certainly increase significantly once the baby arrived. He assured us that it shouldn't be a problem and that he's had a relationship with the Trustee since 1994 and that she shouldn't fight him on it, since he filed the BK including child care expenses prior to being born.

    The baby was born 3-weeks early. Of course the day my wife went into labor, and I do mean the same day, the Trustee filed a Motion to Dismiss our petition unless she received 6-months of receipts for child care within 30-days. I called my attorney's office every week and spoke to the paralegal about what to do. I could tell she was getting frustrated because she never got an answer from the attorney about what to tell me or any explanation for what he was going to do. She kept saying that she would call me when she had some answers from the attorney.

    The deadline to provide the 6-months of child care receipts has passed.

    What should we be looking for to occur now?

    Should we start questioning our faith in our attorney?

    Thank you,


  • #2
    Welcome to the forum.

    There are two issues here and I am not sure which one is the problem.

    1. Form 22C only allows you to deduct "Actual monthly expenses for the categories specified as Other Necessary Expenses", therefore, if, on the day you filed you did not have the child care it would not have been an allowed deduction in determining your "disposable monthly income" utilizing the 6 month window prior to filing.

    2. Schedule J, your "real time" budget, can include the anticipated expense especially since the blessed event happened shortly after filing.

    So, if your attny added the expense to Form 22C that would have been wrong. If it is a matter of justifying the expense on Schedule J a simply letter to the Trustee advising her that you do not have 6 months worth of documentation since the baby was just born should suffice.

    Instead of relying on phone calls, set an appointment to meet with your attorney to fix the problem. If the case is dismissed it can be reinstated once the issue is addressed.



    • #3
      I also believe that a sit down with your attorney is appropriate. Make sure you don't put this off too long if the motion is actually in play (filed). As Des writes above, I'm sure it's just a "technicality" and that you should be able to amend your filing to keep the Trustee happy.

      Congratulations on the baby!
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        Thank you both for your input! My attorney did file a schedule 6J. I'm not sure if that is the schedule J you're referring to. He included the childcare costs in line 35 of the 22C portion of the paperwork. We've tried to no avail to get into contact with our attorney, but we get no response. I keep checking the PACER website, and as of yet, there have been no additional objections or motions filed by the trustee. I guess it's a wait-and-see game.


        • #5
          Originally posted by cdr777 View Post
          We've tried to no avail to get into contact with our attorney, but we get no response. . . I guess it's a wait-and-see game.
          No it's not. If the attny is not too far away, go to his office and demand an appointment. If he is too far away, call his office and, if you get to a person tell them that your next call is to the State Bar.

          You are too new to this Forum to private message - otherwise I would have you send me his name through a private message and I would call his office and tell him he better respond to the person with "such-and-such" issue.



          • #6
            Heard from my attorney today. He said that he's been working with the trustee and has gotten them to agree to allow us to submit our child care receipts monthly for 6-months to satisfy her objection. So now when we put our baby in day care, we just submit the receipts to the trustee and we're good. He also filed a "NOTICE OF SUBMITTING PROPOSED STIPULATED ORDER OF CONFIRMATION TO TRUSTEE" and "ORDER CONFIRMING CHAPTER THIRTEEN PLAN APPOINTING TRUSTEE DIRECTING PAYMENTS, AND FIXING COMMISSION AND EXPENSES OF TRUSTEE" this morning.

            Does this sound about right?

            Also, he wants me to keep all records and receipts of child care expenses. What all does that include? Should I ask this question in a new post?

            Thanks everyone!



            • #7
              Yes, it sounds like all is well with your Trustee and your attorney has sent to her the proposed Order approving your Plan. Keeping all child care receipts is nothing more than document, document, document all child care expenses - babysitting, day care, schooling etc.



              • #8
                I always feel better when I read that the Attorney was already working the issues which is what you pay them for! Like Des, I see this as your plan going to confirmation! Just keep up with the receipts!
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                I am not an attorney. Any advice provided is not legal advice.


                • #9
                  Good deal!! We just need to be dilligent with maintaining our childcare receipts. The attorney said that we should keep all of our receipts "in case" she asks for them. We have to wait until my wife goes back to work in 2-weeks to start paying for daycare.

                  Thank you everyone for all your input!


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