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Trustee Objection to Confirmation of Chapter 13 Plan

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    #16
    Yes, HSA is pre-tax (usually). You can amend the Schedules at ay time, for a fee (attorney and filing fee). You would just do this naturally during this negotiation process with the Trustee. You file A. Trustee says no they want XYZ. You argue that X should stay. Trustee says okay. You file B (that is less Y and Z). I think I amended my plan 5 times prior to confirmation to deal with objections.
    As for not contributing in the prior year, that could be a flag for the Trustee. They typically like to see that these deductions (HSA, HCSA, 401(k)) have been ongoing.

    Maybe Chapter 13 is not for your specific set of circumstances and that does happen from time to time. However, in order to get the full benefit of a Chapter 13, you sometimes need to give up some things. I'm not saying give up on medical, but your medical is a lot and I forget what you're trying to save (property?).
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #17
      Well, I'm not sure that we're trying to"save" anything since our only problem is the unsecured debt. We do not have money to move to a small apartment and stop paying our mortgage (which is totally current ) along with our car payment. If we had around $1000 more monthly to pay the CCs in a DMP, we wouldn't be in chapter 13 at all.
      One question , just broke, can the trustee prevent us from paying money to our HSA for 5 years because we didn't pay last year (the first year my husband's company forced us into an HSA .(before that that we always had a flexible spending account and much lower deductibles and co-pays.) This situation seems so beyond resolution and I am beginning to feel like we will have to take away from our food budget and everything else just for me to get my ankle well.( BTW,.the $50 chiropractic treatments are really helping the swelling!) I will need a little therapy if I hope to regain full flexibility and use of my foot (I am pronating and shifting my weight in an unhealthy way for now.) I never thought a trustee had the power of life and death over debtors -this is surreal! (and this why I hate this whole Chapter 13 process -never before were necessary treatments or care potentially denied ,not by lack of insurance, or actual money, but by a trustee.!
      Forgive me if I sound disrespectful or and am in contempt of court,but my health is everything to me and I can't wait 5 years for treatment only because the trustee might rule I am not entitled to medical benefits I would normally be entitled to were we not dealing with bankruptcy court!
      One problem is the lawyer . He is extremely difficult to deal with and I find he only wants to tell us what he thinks is absolutely
      mandatory on a need to know basis. He and I do not get along well at all and I try to refrain from talking to him , letting Jason ask questions.
      Thank you for taking time to patiently answer even more questions -you are il primo guru extraordinario of BKFORUM -I only wish we had a lawyer like you!
      Last edited by Barbisi; 03-30-2017, 10:13 PM.

      Comment


        #18
        Just Broke: yes very wise words!

        OP best of luck!

        Xoxo
        Discharge date: October 2017 (will it ever get here?)

        Comment


          #19
          Originally posted by Barbisi View Post
          One question , just broke, can the trustee prevent us from paying money to our HSA for 5 years because we didn't pay last year (the first year my husband's company forced us into an HSA .(before that that we always had a flexible spending account and much lower deductibles and co-pays.)
          Of course a Trustee can "argue" that you are using an HSA to keep DMI from the creditors, but if it's for your health -- which is the first word in HSA -- then you may have to have the judge rule on any Trustee objection. That is "if" the Trustee objects.

          Originally posted by Barbisi View Post
          This situation seems so beyond resolution and I am beginning to feel like we will have to take away from our food budget and everything else just for me to get my ankle well.( BTW,.the $50 chiropractic treatments are really helping the swelling!) I will need a little therapy if I hope to regain full flexibility and use of my foot (I am pronating and shifting my weight in an unhealthy way for now.)
          I always say to never tighten on a food budget, ever.

          Originally posted by Barbisi View Post
          I never thought a trustee had the power of life and death over debtors -this is surreal! (and this why I hate this whole Chapter 13 process -never before were necessary treatments or care potentially denied ,not by lack of insurance, or actual money, but by a trustee.!
          The Trustee does not have power over life and death. Remember, a Chapter 13 is voluntary. You do not have to be in a Chapter 13. Additionally, you may be overthinking what the Trustee is thinking, or not thinking. To me, it seems like you may have a vision of what you would like to see from your Chapter 13 and that vision is not gelling with what your attorney is telling you. You'll just have to be frank with your attorney that you want to oppose the Trustee if they object to using an HSA to fund known medical problems.

          Originally posted by Barbisi View Post
          Forgive me if I sound disrespectful or and am in contempt of court,but my health is everything to me and I can't wait 5 years for treatment only because the trustee might rule I am not entitled to medical benefits I would normally be entitled to were we not dealing with bankruptcy court!
          Remember, pay to play? It's that simple. You are not required to use bankruptcy. The Trustee does not make rulings, only a judge does that.

          Your interaction with your attorney is defined by your expectations and the attorney's knowledge and experience. Maybe you have the wrong attorney, or maybe you do. The key is not to fight with the attorney but to work with the attorney. That sounds simple but what I mean is to ask the attorney to seek confirmation "over the objection" of the Trustee. You may be dwelling on the objections themselves rather than providing sufficient documentation to support your numbers and amending your Schedules and Plan.

          Let me put objections in their proper light. Many times, an objection is just that certain money was put in the wrong place on the form. Example, your Trustee objected to a $300 medical expense when you have an FSA on another line. You overcome the objection by adding the $300 to the FSA. They're not objecting to you receiving treatment. They're objecting to which line those payments were listed. In fact, of the 5 objections, only 2 of them are "real" (the other 3 are because the first 2 can't be determined -- these 3 are boilerplate objections).

          Methinks you are overthinking.

          1. I would amend my schedule to deal with the #1 and #2 objection. (Trustee's always object to these without proper documentation.) The #2 objection is easy by changing your FSA/HSA contribution and combining the information on your Schedule to be in line with the rules.
          2. The #1 objection is first for an Education expense on line 20. You simply document that (look at Form 122C-2 #20 and it shows the conditions under which you can claim and Education expense).
          3. The #1 objection s for medical expenses on Line #22. (Trustee's always object to these without proper documentation.) You can satisfy it in two ways (just as the form reads). You either put it in the FSA/HSA or you provide documentation as to why it should be on Line #22.
          4. The #2 objection is simply that if you take the #1 objections then you have more DMI. This also feeds objections #3-5 which are standard when your expenses appear to be lower than scheduled.


          I hope that helps because I think you (and we) are concentrating more on all the reasons why Chapter 13 may not work, when this is very common in Chapter 13s (the overcoming objections process during confirmation). You make the changes and provide the documentation. You see how the Trustee responds. If they are okay, fine. If they are not okay, then you go to a confirmation heraing to fight. It's that simple.
          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

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #20
            Thank you, dmc for your kind words!
            I have read many of your posts and know you have struggled mightily to survive this chapter 13 -you are very brave and always root for your fellow bankruptcy inductees (the only club no one wants to join!)

            Comment


              #21
              Again ,thank you just broke for your insight and spot on perspective!
              If we had started paying the max to HSA in January before this debacle began, we probably could have avoided this situation altogether because the trustee couldn't have contested the medical expenses.( The HSA contribution would have been funding all these unforseen treatments, and maybe we would be done with this confirmation already!)
              As for the voluntary nature of the Chapter 13 , I beg to differ. Since my husband will likely stay at his current job until he is either let go or retires (if he lives long enough!) and I am unable to earn "real" money in my field and must give it up for 5 years if not forever, chapter 13 is the only way out we can find (Rents in Colorado for an apartment are well over a $1000 even for small 2 bedroom units. We have many treasured possessions which while not valuable to the trustee, are important to us and most pertinantly ,we have 4 cats (1 elderly cat and 3 healthy and happy kittens) we do not want to send to the pound because of some landlord or management company.
              "Die Fetten Jahre Sind Vorbei" ( literally the fat years Are Past or Over ) seems an apt title to describe our situation. This was a 2004 German film about social anarchy but it is fitting given our 5 year ( and beyond )projection of protracted if genteel poverty.( In fact, I would change the title to "Die Fetten Jahre Sind Immer Vorbei" which means The fat Years Are Over Forever". Not that we traveled much or lived a high life, but I could buy many discretionary things like foreign -language books,magazines, dvds and cds, reasonably priced (75% off) higher end clothes and accessories and shoes (since I have problem feet I have to buy "better" foot ware, not Payless -style -this I have learned through many costly and debilitating falls and twisted ankles), cosmetics and skincare products that didn't break out my sensitive skin, all with cash not CCs! In other words I only bought high quality items ALWAYS greatly reduced. I also could pay for classes, work shops, head shots,and demo reels before Mama's death on April 26, 2016. My life is forever ended as I knew it.
              Only those few who have "wiggle room" (as some one on here coined it) and a favorable monthly plan will thrive in chapter 13. All others (including us ) will be lucky to just survive the 5 years ahead. Because the "code" doesn't allow for life's tragedies, most are doomed to fail.
              My grief counselor,to whom I pour out my weekly tales of woe, frustration and resentment has advised me to fixate on some small area of life I can control (like choosing what to eat, or whether to shower or bathe in the tub) in order to regain a sense of choice and not feel to totally powerless in the wake of a court-enforced future. So many opportunities (which might require funding) have been snatched away and we must embrace many bleak and lean years ahead until and if we can qualify for discharge.
              As for the Pay To Play aspect of Chapter 13 which you often allude to in your very intelligent responses, just broke, I have to say semi-sarcastically and respectfully, this has been discredited among V.O. artists as a money scam! (In V.O. pay for play means paying to audition with little chance to succeed which is how these chapter 13 plans are structured- steep financial hurdles which require severe budgetary juggling against fearful odds )Of course since as some one said on here (along these words) trustees are like prosecuting attorneys whose only job is to get you ,the chapter 13 defendant, the stiffest and most severe sentence possible, while increasing their own and their client's (the creditors) financial returns. THE TRUSTEE IS NEVER YOUR FRIEND! I think too many filers lacking proper perception or simply beset by desperation forget this and are eager to accept what ever terms the trustee decrees.
              I can say without hesitation this the second worst thing that has happened to me in memory (after the death of my mother). I only wish this could have been avoided! (Doubtlessly had we bought a different house that needed few repairs (like our current home), we would now be doing quite well!)
              " He who has little is thankful for much" (Mama's favorite words to live by) must become our mantra if we are to endure our bankrupt odyssey!

              Comment


                #22
                Originally posted by Barbisi View Post
                As for the voluntary nature of the Chapter 13 , I beg to differ.
                I was making a legal distinction, not a practical distinction. You simply cannot be forced into a Chapter 13 and you can't be forced to stay in a Chapter 13. I have to write that for the other readers because that is how Chapter 13 works. A Chapter 7, however, can be involuntary.

                I will also say that the bankruptcy code "does" allow for life's emergencies. There is not only a payment abatement process, but also plan modification and hardship discharges. The problem that most Chapter 13 debtors, that fail, have is that they either can't or refuse to budget. In an emergency situation, you convert to Chapter 7 if your circumstances permit (you actually pass the Chapter 7 means test or have extenuating circumstances).

                The Trustee is not your friend. I tell debtors that all the time. The Trustee represents the creditors and the bankruptcy Estate. Their entire job is to make sure that the bankruptcy code is followed and that they maximize what the creditors receive under the law. The Trustee, however, can't "make" more than an Assistant Attorney General, so a Chapter 13 does not line their pocket. (A Chapter 7 Panel Trustee may make more money because they are liquidating an Estate and are paid a commission to do so.)

                In the end about 30-35% of people who filed Chapter 13 are successful. The other 65% fail for varying reasons including loss of income, loss of job, divorce, inability to budget, refusal to budget, trying to keep too much, an infeasible plan, and several others. There are probably 30-40% of the 65% that file just to delay a forecosure and never wanted to stay in a Chapter 13 bankruptcy anyhow.

                I'll end with my ideas on Wiggle Room (as it's in one of my blogs).

                Wiggle room comes from using the USTP allowances to their fullest. If the UST allowance for food, clothing and misc is $1,509 for a family of 4 (as of 4/1/2017) with $815 for food, you do not put $600 on yoru Schedule J. You put the entire $815. You nolw have $215 in wiggle room. This "wiggle room" is created by all the other components of the allowances.

                Another "wiggle room" that I relied on was the vehicle ownership allowance (not the vehicle "operation" allowance). I had 2 cars that each had payments of around $250/month. However, the code allows for $519/month per car. That $269 per car yields nearly $540/month in additional wiggle room.

                Wiggle room should never be used to cover extraordinary medical costs, especially known up front. If your DMI, however, is already negative, then you have no wiggle room. If you have no DMI, which means no wiggle room, then what you have is a trap. That trap is created simply because your plan is already infeasible because you expenses exceed your income. There is nothing that would fix that except reducing expenses. You can actually confirm a plan with no DMI (in most Districts), but what are you really doing with a negative DMI plan?





                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

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment


                  #23
                  So, what happens to all these chapter 13 failures, just broke? are they converted to chapter 7 or do they become homeless? If my husband loses his job (as he did in 2002) or if one or both of us contract cancer in the next 5 years are we automatically dismissed from chapter 13 and left at the mercy of the creditors? If so, luck is the only thing that really matters! It sounds like the most stringent budgeting alone won't save a debtor from the court dismissing your case when for what ever reason ,you're unable to "pay to play". So health and job security are vital to survival.
                  The lawyer has sent the previous adjustments with much documentation (with out mentioning any contribution to the HSA) on to the trustee,so we will have to wait another week to even address the allowable HSA funds. I will look into the permissible car funds of which you wrote above (not sure what the lawyer put on those lines) At any rate,we have a single car payment of only $197 for 3 more years,after which time the trustee will collect an additional $75 a month for the final two years.
                  Thank you for continuing to reply and answer my questions. I only wish the lawyer would do the same.

                  Comment


                    #24
                    Originally posted by Barbisi View Post
                    So, what happens to all these chapter 13 failures, just broke? are they converted to chapter 7 or do they become homeless?
                    About 30% of them are listed as failures because the debtor never intended to see the whole thing through; they were forestalling a foreclosure. About 20% of them refuse to or simply can not budget; they live day to day and try to enjoy the same life they had before filing. About 20% are just unable to manage their plan because they are trying to keep property at the same time "life happens" to them (medical, death, birth, change of job, etc). The other 30% make it to a discharge; it's not easy at all, but they fight through battles as if they don't have money to spend -- which they don't.

                    The successful Chapter 13 debtor will address money issues immediately with their attorney so that the plan can be amended or abated. It is not easy and is not a cake walk. That is why I personally commend everyone that gets through a Chapter 13.

                    Note: I'm a Chapter 13 failure even though I converted to a Chapter 7. I found that the Chapter 13 would not work for me becuase I was not receiving regular income from my investment property as it was empty for almost a year. I had already qualified for a Chapter 7 (for two reasons) so I converted as soon as I realized that the properties were not worth the hassle.

                    Originally posted by Barbisi View Post
                    If my husband loses his job (as he did in 2002) or if one or both of us contract cancer in the next 5 years are we automatically dismissed from chapter 13 and left at the mercy of the creditors?
                    Convert to a Chapter 7 and/or seek a hardship discharge in the Chapter 13.

                    Originally posted by Barbisi View Post
                    If so, luck is the only thing that really matters! It sounds like the most stringent budgeting alone won't save a debtor from the court dismissing your case when for what ever reason ,you're unable to "pay to play". So health and job security are vital to survival.
                    This is why we always say that a Chapter 13 is only for people with "regular" income. I would probably change that to read "only for people with both regular income and regular expenses."

                    Originally posted by Barbisi View Post
                    The lawyer has sent the previous adjustments with much documentation (with out mentioning any contribution to the HSA) on to the trustee,so we will have to wait another week to even address the allowable HSA funds. I will look into the permissible car funds of which you wrote above (not sure what the lawyer put on those lines) At any rate,we have a single car payment of only $197 for 3 more years,after which time the trustee will collect an additional $75 a month for the final two years.
                    Thank you for continuing to reply and answer my questions. I only wish the lawyer would do the same.
                    Lawyers charge by the minute (well, most have 6 minute billing so just to read an email can cost 10% of their hourly rate). I'm not sure you want the lawyer spending the time responding to emails because, at an average hourly rate of $250, you could spend thousands more quite easily.

                    The car fund that I mentioned is from the Means Test.

                    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

                    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                    Comment


                      #25
                      Thanks again, just broke!
                      Luckily or not as this situation unfolds, my husband is enrolled in Hyatt Legal which payed for the entire bankruptcy cost ,minus the filing fee( $310). Not sure when he can start charging hourly rates apart from the $1500 they paid him (per the agreement we signed.)

                      Comment


                        #26
                        Hey everyone! Barbisi's husband here. Thanks JustBroke for your detailed comments! Here's my take on this. Regarding attorney fees - we have a legal services product for which we pay through my payroll deductions (post-tax) - $10 or so a month, so attorney fees are covered under that. We've been paying that for several years now, so time to cash in so to speak. I assume if we have to make adjustments and refile, we will pay the $310 application fee. Fine, next! So. I understand this negotiation is a bit of back and forth. We presented the initial budget, the trustee objected (we understand why now after this conversation, primarily with JustBroke). The attorney submitted our vast amount of supporting medical documentation to the trustee yesterday. Therefore, there is no action to take at this time, until the trustee replies. Depending on the feedback, we have a buffet of responses to choose from. For example:

                        Trustee says, ok; $300 medical / month ACCEPTED! Our response: Say nothing, move on.
                        Trustee says, $300 medical / month ok ONLY IF Debtors put $300 into HSA. Our response: Yes Master we will put $300 into HSA. Yes that's some dripping sarcasm sauce. Fine. Next.
                        Trustee says, NO WAY to $300 medical / month. Our response: We push back and say, we are entitled to health care.
                        ***** If Trustee objects to this offer: See you in court Mr. Not-My-Friend trustee.

                        Documentation including letters from doctors, dentists, chiropractors, and other relevant medical documentation was submitted Thursday March 30, 2017 to the trustee who needs an opportunity to review the documentation and respond. Their move.

                        Regarding education expenses: For typical professions such as engineering, coursework such as systems analysis may be considered 'approved educational expenses'. For the paid actor, ongoing training is synonymous with 'systems analysis' training for the engineer. Even A-lister actors in L.A. pay to keep their skills sharp. Training is required, and it is not free. The Trainers have to eat and live under a dry roof too. Here's the chain of events: You don't train --> your performance sucks --> you don't book --> you don't get paid. Pretty simple.
                        For the engineer: you don't train --> you fail at your job --> perhaps something very expensive and unique explodes at launch --> you get fired, your company gets sued --> you go to Chapter 7.
                        I typed up a document defending the education expenses, more eloquently than this btw. We'll see what the trustee says. Even if they object, we are not going to sit on our hands for 5 years waiting for this monumental mass of trash to pass. We are moving forward with our career objectives. As we realize profits, we will confer with the attorney. We have discussed this already. The trustee may want a percentage. Fine. After 5 years, they get nothing. The attorney confirmed that most everyone's financial situation changes over the course of the plan. If our income increases (below a threshold), the understanding (verbally stated by the attorney) is the trustee isn't interested. If the income increases above the threshold, the trustee is interested. We are taking the road of caution (we told the attorney this) - as we generate increasing revenue, we will report this information to the attorney, and therefore to the trustee, and proceed accordingly. Even if we do a $25 job, the attorney is going to hear about it (already notified him actually, this is included in the documentation to the trustee). The way I see it - test and measure - book a gig, report to attorney, measure trustee's response, repeat as appropriate. If I find a nickel on the street, I'll tell the attorney; maybe I'll tell the trustee directly - dude I found a nickel!!! I am SOOO excited! You wanna piece of that action? Do I grovel and turn it over to you? (No I am not really going to do that... lie low and all that) <roll eyes>.

                        Regarding the communication issue between the attorney and barisi: very different personalities and communication style. Barbisi is a long form narrative type of communicator - she writes and speaks very eloquently; she'd make a good congress woman. She can talk. Just sayin. The attorney on the other hand is very bullet-point, fact like. Neither person is able to switch communication style in order to accomplish the goal. That's where I come in. Over the years I have learned to adapt my communication style to the person I am communicating with. Sometimes I talk long, other times, I am very brief. With the attorney, it's bullet point style. With Barbisi, it's just... listen (usually). So what Barbisi and the attorney cannot accomplish, I can with the attorney - effective communication. I don't enjoy it nor look forward to it, but I have to grunt through it anyway.

                        Regarding budgeting - yes, we got this. We are living more frugally and continue to find more ways to cut costs (like shoplifting.... just kidding). There is considerable frustration and concern in the household due to uncertainty - what is the exact, final monthly payment going to be? Will the budget be accepted? Etc. Barbisi has always been an expert at finding ways to save money, get deals, etc. Clothing for example - good stuff at very low prices.

                        Anyway. That's my piece for now. I am encouraging Barbisi - while it is important to learn as much as possible, and ask pertinent questions about this scenario, it is just as important to focus on her career objectives. I am working hard to do the same. Status Quo is not an option for the next 5 years. It is far better to focus on being the best actress/voice actor she can be, same for me. Our regular income is generated by my salaried position (engineer of various types, depending on the day and the need of the project - software, systems integration, test, QA, etc.).

                        Have a great weekend everyone!

                        Comment


                          #27
                          Originally posted by Zombie13 View Post
                          Regarding education expenses: For typical professions such as engineering, coursework such as systems analysis may be considered 'approved educational expenses'. For the paid actor, ongoing training is synonymous with 'systems analysis' training for the engineer. Even A-lister actors in L.A. pay to keep their skills sharp. Training is required, and it is not free. The Trainers have to eat and live under a dry roof too. Here's the chain of events: You don't train --> your performance sucks --> you don't book --> you don't get paid. Pretty simple.
                          For the engineer: you don't train --> you fail at your job --> perhaps something very expensive and unique explodes at launch --> you get fired, your company gets sued --> you go to Chapter 7.
                          Unfortunately congress used that word "approved" and the Senate Committee on the Judiciary also provided notes on what they were thinking. In fact, they wrote that “may require some sacrifices by the debtor, and some alteration in prepetition consumption levels.” Courts have interpreted that to mean that sacrifices "should" occur (not shall, but should). A Chapter 13, and the creditors, simply don't contemplate putting the debtor's wants over the creditors being paid. The Trustee just won't care and you will probably need to go before the judge. If it's a good argument and if the judge thinks this is okay, that's fine.

                          Let me add that, specifically, the Means Test doesn't allow for post-secondary education of an adult. While it allows for "employer" required education, such as CLE, it does not provide for "employment" required education. When they write "as a condition for your job" they mean contractual. You may have a better time arguing that it is an other necessary expense (a special category on the Means Test) that is required for the production of income or income producing. (That's where the art of being a Chapter 13 attorney comes into play. Putting stuff in the "other necessary expense" will draw the immediate condemnation from the Trustee! Having an artful argument that it is income producing may be the only way to defeat the opposition in front of the judge.)

                          Originally posted by Zombie13 View Post
                          . If I find a nickel on the street, I'll tell the attorney; maybe I'll tell the trustee directly - dude I found a nickel!!! I am SOOO excited! You wanna piece of that action? Do I grovel and turn it over to you? (No I am not really going to do that... lie low and all that) <roll eyes>.
                          Funny! The Trustee is usually notified if the increase is "significant." That has tends to mean about 10% over the last year. Whether or not you need to commit the 10% to the Plan is an entirely different calculation and is specifically why there is 11 USC 1329 which allows a plan to be modified. For example, you may have a 10% increase in income, but a 5% increase in allowable expense. In some cases, the Trustee doesn't care at all and so long as you pay on time and stay "in plan" they don't care about refunds or increases in income (the minority).

                          Originally posted by Zombie13 View Post
                          Anyway. That's my piece for now. I am encouraging Barbisi - while it is important to learn as much as possible, and ask pertinent questions about this scenario, it is just as important to focus on her career objectives. I am working hard to do the same. Status Quo is not an option for the next 5 years. It is far better to focus on being the best actress/voice actor she can be, same for me. Our regular income is generated by my salaried position (engineer of various types, depending on the day and the need of the project - software, systems integration, test, QA, etc.).
                          Yes, concentrate on you. Try to live within the parameters of a Chapter 13. They don't all work, but if they do then the return can be enormous (far outweighing the discomfort).

                          Bankruptcy is complex and a Chapter 13 is almost as complex as it gets (outside a Chapter 11). These are actually contractual negotiations and everyone won't to be happy in the end. They tell me that if the Chapter 13 plan is confirmed and neither the Trustee nor the debtor is happy, then it's probably a good plan.

                          Have a great weekend.
                          Last edited by justbroke; 03-31-2017, 02:03 PM.
                          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

                          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                          Comment


                            #28
                            Yes, just broke he IS funny (most of the time!)

                            Comment


                              #29
                              Thanks JustBroke, I think we ALL need a laugh. Sometimes I come across as sarcastic unintentionally but hey, that's a good thing in showbiz (if it helps sell the product).
                              Yeah we expect the trustee will be 'upset' (oh I am sorry.... take a pill and you'll be fine... TAKE IT!). Well, they will reject the education expense. I am attempting anyway, since I can't read their mind (Fortunately). As a note... in my world, in an official requirement for a system, software, etc., the word 'Shall' specifies the no-compromise component; the word 'Should' is a flexible term indicating compromise and negotiation are possible. So if Congress included the word 'Should', then that implies negotiation is possible. But that's splitting hairs. We'll just make up the $170 if necessary. Seriously though, it's not worth the hassle to deal with the trustee and the judge over this. It may be possible that cuts and adds will take place elsewhere. We will just see. I doubt it, but what do I know? I just type here.

                              Ok so... if 10% increase year over year is the trigger, then I will set my financial goal of increasing income by 9.9% year over year. Anything we do over that, is pro bono. Or, we can do a 10% discount on everything! Just kidding. I believe if we set goals, and intermediate milestones, and work to achieve these miletsones and goals, we will succeed. Not just in voice over on camera acting, but in budgeting as well - set a target of saving dollars at the store using coupons, for example. Basically, define the plan and execute it.

                              Thanks Barbisi. Yeah when I am not funny I am an <insert body part here>.
                              And may I say, you are funny as well, in that Lucille Ball kinda way.

                              Comment


                                #30
                                When you wrote "TAKE IT!" I'm imagining Jame Gumb (in the movie "Silence of the Lambs" as Buffalo Bill) saying "It puts the pill in its mouth"!
                                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

                                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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