What does this mean? Not reasonable and necessary?

[JollyGG]

I guess. I would keep the meeting you have scheduled with the lawyer on tuesday. Bring up all of your issues. Ask how he sees these objections working out? What he sees as your monthly payment? I would ask how conversion to a 7 would work, how dismissing and refiling a chapter 7 would work, how dismissing and refiling another 13 would work?

Mabey you can straighten it all out with this filing and this lawyer.

If you don't get satisfactory answers or you don't think this filing can be saved. Then you and your husband need to talk about what you want to do. You may decide that a different lawyer is the right choice for you. In that case you need to fire this one before you can hire another one. But interview several. They may have idea's on how to redo your schedules so that you can keep the tax return (my guess would be you would have to to some of that pro-se (by yourself) until you can get your hands on that money) or they may suggest dismissing the chapter 13 (once again something you can do pro-se) and waiting for your tax return to retain a new lawyers services and refile.

I am no lawyer. But it sounds to me like the house thing can be worked out. It was over two years ago, for fair market value, you have a contract, and bank records. As for your brother's car, did you have a contract with him, or a deed of sale, or a will, or anything? But since you don't need to use you vehicle exemption for you car you may be able to use it for his. In that case all three of your issues are handled. You can hopefuly cover everything under your exemptions including your tax return. File and be done. As I said I wouldn't do 5 years of payments for someone elses stuff.

Let us know what the lawyer says on Tuesday.

[jnjw]

I wrote those questions down that you outlined above, thanks! I'll let you know what he says!!

[Flamingo]

Unfortunately the new law that went into effect 10/05 has made things so much harder for those needing to file. The main point of the new law was to eliminate the fraud that had become so widespread amongst people filing bankruptcy so those now that really have to file for good reasons are now under more and more scrutiny for every available penney. More and more people have to file Chapter 13s over Chapter 7s. After going through a 5 year Chapter 13 under the old law and all the scrutiny that went along with that under the Old Law, I can imagine what one now has to go through under the new law. It appears some folks on here have lucked out with an easy Trustee and then there are those that have the hungry tiger pacing in the cage.

In the OP's situation with the pool, the trustee is stating that your payments on the pool are what she says they are - an unnecessary and unreasonable expense because it is a luxury item. It it was a vehicle or another necessary item (washer, dryer, etc., etc.) it would be allowed. So therefore, she will not reduce the amount by the payment you are making on the pool. You will probably have to continue to make that payment outside of the Plan which may be a struggle for you. Probably also because it is above ground and can be dismantled and sold. If it was inground it might be a different situation.

You need to figure out if the pool is worth keeping along with the expense of its upkeep in the years to come. We used to have a large above ground pool in the early 90s when the kids were younger and between the cost of maintenance, upkeep, chemicals and winterizing, it can cost a bundle each year.

If you are not happy with the way your attorney is handling your case and feel you were pushed toward a 13 and not a 7 (unless you and your hubby wanted to keep the assets), they I would certainly have a discussion with him before anything proceeded any further and get the whole thing straightened out unless you want to be out more attorneys fees and filing fees.

[CindyLou]

This may sound cold, but my advice is to file chapter 7 and let the trustee handle the property with your relatives. It does not sound like your are going to make it in a 13. You have to take care of yourself and your husband first.

[jnjw]

This may sound cold, but my advice is to file chapter 7 and let the trustee handle the property with your relatives. It does not sound like your are going to make it in a 13. You have to take care of yourself and your husband first.

Thank you! That is my whole point. It has came down to protecting assets that aren't technically mine versus keeping our family afloat. We have not been left enough to even live on because of the messing with the numbers by the attorney. My daughters had extracirricular activities at school this week with parties and such that put us in the hole for goodness sake! And it's not like we're blowing our money! I have cut every single thing I can cut. My husband and I are buying NOTHING for ourselves - nothing.

In addition, we are *supposed* to be paying our student loan payments outside the plan. We have been unable to do so. I am also 10 days late on a vehicle payment. I do not have the money to pay the property taxes that are due next month. Then what??? We are sitting here struggling and for what???? Property that is rightfully my cousin's???

So here is my thinking - we convert and/or refile a 7 and we give up one of the two secured vehicles that we are $10,000 upside down on. I have swallowed my pride at this point and am trying to do what I can for the sake of this family, no one else. Let my cousin get dragged in to court to explain WHY they haven't transferred ownership on paper (I am assuming because they don't want to pay the taxes? I don't know, but I am going to find out). I am more than READY to be put on the hot seat about it at this point.

I cannot live like this for the next 3 years, let alone 5 years which the trustee is also wanting us to do. That was another one of her objections. I can't and I won't, NOT for someone else's stuff. I feel bad, but what else am I supposed to do?

So, no, I don't consider it cold at all. I consider it taking care of my own.

[$$only4ever]

I have been reading this thread amazed that this trustee is so brutual. I would go back to your attorney with all of your questions and concerns and if you are not satisfied with your attorney's answers then I would find another one and see if you can file a chapter 7. Good luck.

[jnjw]

I have been reading this thread amazed that this trustee is so brutual. I would go back to your attorney with all of your questions and concerns and if you are not satisfied with your attorney's answers then I would find another one and see if you can file a chapter 7. Good luck.

That's what I intend to do. I want to thank all of you for your suggestions and input. I feel like there might be some hope here, and that is a wonderful feeling to have once again!!