Need New Carpet

[ichb]

So I'm working on getting a chapter 13 together and with the tweaks to the auto loans, not cramming but more like a refi, we should be able to get into a 100% payback situation. My question is this. In about 20 business days we will be receiving proceeds from an annuity inherited from my late MIL less than 5k, part, of course will be used to pay the attorney, and we've got no problems at all handing over any disposable income to see that stuff gets paid off. But...

A few months ago we rescued a kitty, poor thing was left out in a vermont winter and had frostbitten ears, was dehydrated and full of parasites. So we got her fixed up and stuff (one of the last uses of a credit card, but this isn't about that). Anyway, she peed all over our old ugly green carpet and now the house stinks. We found her a new home because she also didn't get along with my other kitties. (BTW she loves her new parents) We live in a single wide mobile home so there isn't all that much carpet.

Do you think we'd be able to get the trustee to allow us to use some of that money to replace it? We also need a new toilet but that is relatively inexpensive and I anticipate no objections to the 100 or so dollars to replace that.

You guys are so great, My attorney was so impressed with the stuff I knew and it's all because of you!! Thanks.

[lrprn]

In about 20 business days we will be receiving proceeds from an annuity inherited from my late MIL less than 5k, ...

ichb, does your lawyer know about this 'less than $5K' coming in 20 days? If this money arrives before you file, then you need to make absolutely certain this money does NOT count as income! If it is considered an inheritance, then it does count as income, and it's going to skew your Means Test income calculations horribly making it seem like you make a lot more money than you do. Check with your lawyer about this immediately!

Do you think we'd be able to get the trustee to allow us to use some of that money to replace it?

If the money does NOT count as income and you get it BEFORE you file, then you can spend the money for normal living expenses. I think you could make a good case for the carpet being a health hazard if it came up. Just be sure to save receipts for everything.

If the money comes AFTER you file, then it won't count as income, but then the money becomes disposable income. Whatever is left over from your exemptions that can cover cash determines whether you get to keep none, some, or all of the $5K. Another important question to ask your lawyer.

Frankly if the trustee has a right to any of the money, then the chances him/her allowing you to buy new carpet or anything else with any money he/she could distribute to your creditors is slim to none. However, you never know unless you ask. Keep us posted about what you find out, ok?

The timing on this $5K could be problematic no matter what happens

[ichb]

Yes, absolutely my attorney knows about this. We do have a fairly liberal exemptions program here in Vermont. I'm making absolutely certain that any dealings regarding money he will know about. But like I said, we are looking at a 100% payback anyway so we might not be in too sad shape.

And I will ask him of course, just wanted to know what you guys think the chances were of us getting use some of that income.

[Flamingo]

To help your case, get estimates on the cost of the replacment carpeting and pad. Your floor is also saturated with urine so you will probably have to clean that before you put down any padding and carpet. Don't go overboard with the most costly carpeting they have in stock; keep it reasonable. Present that information to your attorney with good reasonings why it has to be replaced. No one can live in any home with a carpet reeking of cat urine. Cleaning it does not clean the padding or the floor underneath it.

Best of luck to you.

[ichb]

Thank you, we do plan to clean the floor underneath with bleach several days prior to installation, if we get approved to use the money for carpet.

And the other thing is, our long time kitties never peed on the carpet but they are doing it now in her spots, probably because of the scent. So we could be stuck in a vicious cycle.

[Flamingo]

Thank you, we do plan to clean the floor underneath with bleach several days prior to installation, if we get approved to use the money for carpet.

And the other thing is, our long time kitties never peed on the carpet but they are doing it now in her spots, probably because of the scent. So we could be stuck in a vicious cycle.

Yes and even if you replace the carpeting/pad and do not get all the urine scent out of the floor, they could continue to go to that same area. There is a product called "Nature's Miracle" which you can use to clean the floor and if you are not allowed to keep any money to do the replacement, you can actually saturate your carpet, pad and floor in that area with this produce, let it sit for several days, then steam clean it using the same product in your steam cleaner. It does work. My daughter goes to college and works part time (has for 3 years already) in a large pet shop that is a chain in this area (not nationwide). She really recommends that product to everyone cause it does work. Unfortunately, I cannot get you the discount she gets but it's worth investigating....

[ichb]

I actually have some of that stuff and forgot about it. I'll have to use it.

Unfortunately I cannot use a home steam cleaner on my floors because in my mobile home the floor is made of particle board (can you believe it?) It will fall apart if the whole thing is saturated with water. But Stanley Steamer or something that sucks the moisture out of the carpet right away *should* be fine. We were planning, whenever we get to replace the carpet, on putting down a moisture barrier (they actually make something specifically for that).

Thanks again for the tips.