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  • bklawn
    replied
    Originally posted by TooMuchCredit View Post
    They can't call after a certain hour, I don't recall if it's 8 or 9M. Do they think you are in another time zone?


    No, they know I'm in Georgia. I got a call about a hour ago.. Thanks for the info.. I guess I will make my car payment before they come and get it before we file. I'm just now 10 days passed due..They have been calling too.. It is crazy.. for a couple of days late..

    Leave a comment:


  • TooMuchCredit
    replied
    Originally posted by bklawn View Post
    That is what I thought thanks a lot. It comes out to be very close doing it that way. Evenat the top og the Sc I form it says that.. Thanks I fill better now.

    thanks too much credtit. I will let yall know how my chapter 13 comes out. I think I'm going to do it I'm starting to get calls from credit card company now just 20 days late.. late at night.
    They can't call after a certain hour, I don't recall if it's 8 or 9M. Do they think you are in another time zone?

    Leave a comment:


  • bklawn
    replied
    Originally posted by TooMuchCredit View Post
    On B22C I had the average of the prior 6 full month to filing. On I, I had my most recent months income.

    I only had a $5 difference in the 6 month vs/ current figure though.


    That is what I thought thanks a lot. It comes out to be very close doing it that way. Evenat the top og the Sc I form it says that.. Thanks I fill better now.

    thanks too much credtit. I will let yall know how my chapter 13 comes out. I think I'm going to do it I'm starting to get calls from credit card company now just 20 days late.. late at night.

    Leave a comment:


  • TooMuchCredit
    replied
    Originally posted by bklawn View Post
    ok is the income the same on J that is on B22c? if so it will never be the same.
    On B22C I had the average of the prior 6 full month to filing. On I, I had my most recent months income.

    I only had a $5 difference in the 6 month vs/ current figure though.

    Leave a comment:


  • bklawn
    replied
    Originally posted by TooMuchCredit View Post
    In N. GA, they're going to want J to jive with B22C. The value from J should be very close to your proposed payment amount.

    ok is the income the same on J that is on B22c? if so it will never be the same.

    Leave a comment:


  • TooMuchCredit
    replied
    Originally posted by bklawn View Post
    Also like others post states, the Schedule I and J is more net income for some reason. I think because my six month avg was when i was making more money but now it is a lot less because of no overtime any more.
    In N. GA, they're going to want J to jive with B22C. The value from J should be very close to your proposed payment amount.

    Leave a comment:


  • bklawn
    replied
    Originally posted by justbroke View Post
    Personally, I think they should have got rid of Schedule I/J when they created the Means Test (Form B22A/C).


    Thanks justbroke.. I love this website.. It keeps you up to date..

    Leave a comment:


  • justbroke
    replied
    Originally posted by bklawn View Post
    Also like others post states, the Schedule I and J is more net income for some reason. I think because my six month avg was when i was making more money but now it is a lot less because of no overtime any more.
    Personally, I think they should have got rid of Schedule I/J when they created the Means Test (Form B22A/C).

    Leave a comment:


  • bklawn
    replied
    Originally posted by justbroke View Post
    This is, again, District specific. The local rules/customs vary. Many Districts want it to be the same six-month average. Other Districts say it's a current view with a slant toward the future. You would have to find out what your Trustee likes to see.

    For example, there are Trustees that require the attorney or debtor to take their prior year refund (if any), divide it by 12, and add it into their monthly income amount on Schedule I.
    Also like others post states, the Schedule I and J is more net income for some reason. I think because my six month avg was when i was making more money but now it is a lot less because of no overtime any more.

    Leave a comment:


  • bklawn
    replied
    Originally posted by justbroke View Post
    This is, again, District specific. The local rules/customs vary. Many Districts want it to be the same six-month average. Other Districts say it's a current view with a slant toward the future. You would have to find out what your Trustee likes to see.

    For example, there are Trustees that require the attorney or debtor to take their prior year refund (if any), divide it by 12, and add it into their monthly income amount on Schedule I.


    Thanks I'm in northern District Georgia

    Leave a comment:


  • justbroke
    replied
    Originally posted by bklawn View Post
    just broke is schedule j montly income for that month or still the six months?
    This is, again, District specific. The local rules/customs vary. Many Districts want it to be the same six-month average. Other Districts say it's a current view with a slant toward the future. You would have to find out what your Trustee likes to see.

    For example, there are Trustees that require the attorney or debtor to take their prior year refund (if any), divide it by 12, and add it into their monthly income amount on Schedule I.

    Leave a comment:


  • bklawn
    replied
    Originally posted by justbroke View Post
    Many Trustees will reconcile Schedule J against your DMI on Form B22C. However, the law is clear in that Form B22C (which determines the DMI) is what you pay. However, comparing the two forms is prudent and a good test for the Trustee to use.

    While I can't tell you to use the IRS limits or use your actuals, everything should be defensible on Schedule J. You may have missed things like hair care, some light entertainment, magazine subscriptions, childcare, car repairs, car operating costs (not repairs) insurance (health, home, apartment, car, life), gifts (reasonable), charitable contributions, home owner association fees, professional dues, mandatory union dues, parking fees, commuting fees (for work), child programs (field trips, school supplies, etc). Schedule J is much more unstructured, so you may not include things that are more structures and lumped together on B22C.

    While your Trustee may have stated that they will object because they don't "think" that you are committing all of your disposable monthly income (DMI) to the plan... they "said" the same thing to me at my 341, but never actually objected to my plan! It was confirmed without objection from the Trustee.

    As far as the cars, did you take the Ownership Allowance for the cars on Form B22C? Many Districts don't allow that when you own the cars outright, unless the cars are more than 5 years old or about 75,000 miles (don't quote me). Even then, in the Districts that allow this, they don't allow the entire IRS allowance.
    just broke is schedule j montly income for that month or still the six months?

    Leave a comment:


  • deadbroke99
    replied
    Originally posted by justbroke View Post
    This just came in my inbox and I submit it for your reading pleasure. Trustees don't like errors in paperwork. Many of them, as indicated in the article below, will usually make polite "sarcastic" remarks. Looks like this Trustee, on this day, was mad at everyone!

    http://www.************************/...e-too-careful/

    One of your primary goals in filing bankruptcy should be to avoid annoying your trustee.
    This is funny, I know this attorney..lol

    Leave a comment:


  • lsmartin
    replied
    Thanks again justbroke! I take it that I should add the Trustees per centage onto my repayment amount? That last post told me volumns,the guy I'm dealing with just had all his toe nails surgically removed and is limping around in sandals!! Thanks again!.

    Leave a comment:


  • justbroke
    replied
    This just came in my inbox and I submit it for your reading pleasure. Trustees don't like errors in paperwork. Many of them, as indicated in the article below, will usually make polite "sarcastic" remarks. Looks like this Trustee, on this day, was mad at everyone!

    http://www.************************/...e-too-careful/
    When Preparing for Bankruptcy, You Can’t Be Too Careful


    I was sitting in bankruptcy court this morning, waiting for my cases to be called, when something unusual caught my attention. The trustee who was presiding made a very sarcastic remark.

    Now, I have to tell you, for some trustees that wouldn’t seem unusual. This particular trustee, however, is usually the soul of polite good humor. So I tuned in to see what had her spoiled her good temper.

    Turns out there was a very fundamental error in the paperwork in the case. The debtor’s paperwork reported that she was married, but she is, in fact, single. That meant that all the numbers in all the calculations were wrong, and a large part of the budget and related paperwork would have to be done again.

    Everyone makes mistakes once in a while (I am personally the dumb mistake champ) but this one was basic, and should have been easy to avoid. The trustee’s ire was directed primarily at the debtor’s attorney, but it is certainly something that anyone proofreading the paperwork should have caught. Including the debtor, who signed it.

    One of your primary goals in filing bankruptcy should be to avoid annoying your trustee. And bad information annoys your trustee. Admittedly, there are some things that are just out of your control, but one thing that is squarely, and solely, in the debtor’s control is to proofread the paperwork that is filed in your case. No one else knows your situation like you do, and while you have every right to expect that the information you provide to your attorney will be correctly transcribed, you have the ability, and the duty, to read through it carefully to make sure that the paperwork is a true and correct as you can make it.

    Your case cannot be filed until you have signed all the documentation, and you shouldn’t sign until you know the information is as true and correct as you can make it. You certainly have the obligation to read it carefully enough to determine that there is not such an obvious error as misstating your marital status.

    But more than annoying your trustee, think of what it says about your case when you don’t read and correct your paperwork. It says, loud and clear, that you haven’t been careful, and that the trustee better look for other errors. Bankruptcy paperwork is signed under oath, under penalty of perjury, so It also says that you don’t take the oath very seriously. It will make your trustee wonder what else you might have omitted or misstated. Even if it’s the only mistake you make, do you really want to set yourself up for that kind of scrutiny?

    It may have become habitual with some people to just sign what is presented to them. After all, that may be a part of why you ended up in bankruptcy in the first place–you may have signed loan agreements, mortgages, and credit card agreements that you didn’t read or fully understand.

    Well, now is the time to change that habit. A good, experienced bankruptcy attorney will encourage you to read and understand the paperwork as much as possible. After all, he doesn’t want to be on the wrong side of a trustee tongue-lashing, either. Even if you filed your paperwork in a hurry, you can always review it and correct any errors later. And if you are sitting in court listening to someone else being chastised for not filing correct information, I know you’ll be glad you did.

    Leave a comment:

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