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Expenses questions.

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    Expenses questions.

    I have read that if your expenses are too high, you might not get a approved plan.

    On the same token, if your expenses are too low, the same result might occur.

    How low is too low?

    Because, most of my expenses are far below the IRS standards when I list them on schedule J.

    I have read, that if they think you are too low, they might just outright say your spending too much on the car, why dont you just surrender it, or surrender the home because your payment is too high. I dont want to have to do either of those.

    Based on my net income, we are taking home approx. $3300 a month.

    I can list my expenses and come to a figure of about $3000 a month. Thus leaving $300 leftover.

    All that would be on our plan in terms of priority debt, would be, about a $500 IRS bill, a car payment, (worth around $5500-$6000), the remaining amount of the lawyers fee, and the trustee's fee.

    Based on those vague numbers given, do you think we could come to a confirmable plan?

    I can list my expenses on another post, if you think that will help you answer my question.

    Im curious, does the lawyer, work your monthly payment based on the priority debts, and adjust your schedule up or down, or do they try and maximize how much will be paid into the plan, If I had it my way, I would have 0% to unsecured, that is the mass majority of the debt.

    #2
    I have alot of these same questions. I'm meeting with two lawyers next week. I will be happy to share what they tell me.....

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      #3
      Originally posted by optimistic1 View Post
      Im curious, does the lawyer, work your monthly payment based on the priority debts, and adjust your schedule up or down, or do they try and maximize how much will be paid into the plan, If I had it my way, I would have 0% to unsecured, that is the mass majority of the debt.
      The bottom line in confirmable plans is, whether the Trustee and the Creditors are happy.

      Now, from experience, firsr, the Trustee must be happy. The Trustee must think that you're applying all your disposable monthly income (DMI) -- or, truthfully your projected DMI -- to the plan. Then they are pretty much happy.

      Second, the creditors. While some unsecured creditors go bonkers when they believe you're not contributing your projected DMI to the plan, I didn't have one objection from unsecured creditors on a 2% plan, that has over $300K going through it in 5 years.

      Since you're filing with a lawyer, the lawyer should be working a plan with as much cushion in it for you, and a plan is very subjective.

      When you stay within the IRS allowances, you create less of a chance your Plan will have objections from the Trustee and/or creditors. Again, I had only two objections to my plan, but they were from the same lawyer and it was on my percentage rate I used for my house (it's an ARM and I put down a flat percentage), and one because of my valuation of an automobile. Both were worked out quite easily.

      In the end, this is what you want. A Plan that works for you. Even if you have to fight for it through objections, so be it. You don't want to end up with a budget and plan that doesn't work. Generally, the judge will just rubber stamp the plan if the Trustee approves of it and there are no lingering creditor objections.
      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


        #4
        How did you evaluate your vehicle? I looked at NADA and KBB, they have trade in values, is that what I should use?

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          #5
          It depends on what your district will accept. In our district I had to use NADA RETAIL VALUE. Which is ridiculously high! Your attorney will know which value your trustee accepts.
          Filed CH 7 9/30/2008
          Discharged Jan 5, 2009! Closed Jan 18, 2009

          I am not an attorney. None of my advice is legal advice in any way..

          Comment


            #6
            Yeah, I noticed that the private party value for NADA is $1000 more than the private party value at KBB. Either way I say its a win win for me.

            Comment


              #7
              Originally posted by optimistic1 View Post
              How did you evaluate your vehicle? I looked at NADA and KBB, they have trade in values, is that what I should use?
              I actually took an average of BOTH the NADA and KBB. I listed both in my Motion to Value, listing both values, and then averaging them.

              This makes it no question.

              However, as has been posted, some Districts wnat you to use a specific method.

              Your Mileage May Vary.
              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

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