Attorney says if under median, they wont look at Schedule I-J

[optimistic1]

So I asked my attorney that If, when we file, that we are under the median income, will the trustee then look my Schedules I-J to determine what my DMI is to pay back unsecured is.

He tells me no, and that all I would pay is the Secured portions and any non-exempt asset values that the creditors would have received if I filed a 7.


Does this sound right, because I thought it was the complete opposite?

[michele71]

just a little bit from my experience so far. We are under the means and when I went to my 341 yesterday they scrutinized my Sch J and I have to prove my expenses. granted some are above average but they will look at them to determine your payback.

[liz417]

Are you using within your state's allowences?

[optimistic1]

State allowances? You mean for property exemptions? I should be, I dont have anything worth of any value really, that is over the allowable exemptions.

I just dont get it, this is all I read about, and then he tells me, no, they wont look at Schedule J, and I almost positive that I will.

I was under the impression I hired a good attorney, looks like I will have to fire him.

I just called the Ch.13 Trustee's office, they wouldnt tell me anything, citing, its "legal advice".

I called another attorney, and he said, they WILL look at I-J, just like I was saying.

I dont know what to do now, I guess I will hire someone else, before he really screws me up.

[wealth2009]

Schedule I, J

Just finished reading your post re: schedule I and J.... Of course, the trustee was correct, esp. when it comes to your "means test." You have to stay within the rules and under the radar for "exemptions."

[Removed Solicitation]