Motion to Dismiss after 2 yrs. and no warning?

[HHM]

The Motion to Dismiss is the warning...

Best answer today LOL

[bigreddog]

Finally had attorney email me and set up meeting. Two weeks before dismissal meeting!?? Went in. 10 minutes. Handed him two copies of our returns w/ copy of check and W-2 attached. He looked it over and said not to worry. That was ALL the trustee is looking for. He said he had 50+ dismissals for the same reason. They changed the rule in our district end of last year so everyone has to send in a return. To show that no one is overwith holding. What a relief!!!!! For anyone interested, if it would help and if it's legal, I have reverse engineered my attorneys questionaire that he uses to transfer the #'s on to all the schedules for the BK filing. IE. schedule I, J, etc. They have no software id's or copyrights. They are in Excel 2007 and when you change the income or expense in any line it carries it thru. It helped me see where we really stood compared to what we filed two yrs. ago. I CAN'T stress enough how much a GOOD attorney is worth. He said that a good filing is like art. If the intent is good, than the trustee will see the overall picture in a good light. Whew.......Another point, is I called his office repeatadly as was suggested, but I also send detailed emails with the request for receipt and request for read checked off. That way years down the road, I can prove I asked the questions and he read them.

[justbroke]

I have reverse engineered my attorneys questionaire that he uses to transfer the #'s on to all the schedules for the BK filing. IE. schedule I, J, etc. They have no software id's or copyrights. They are in Excel 2007 and when you change the income or expense in any line it carries it thru.

I have my local Trustee's spreadsheet which calculates Form B22A/C (Means Test). What you're looking at, is probably the same type of spreadsheet.

Does the one you have include an area for "Over/Under withholding"?

[bigreddog]

I pretty much duplicated every form in my BK filing. And made a separate one for creditor matrix, leases, etc. It's a workbook with I think 8 or 9 worksheets. I am an employee of my wife's business and we've never been able to really figure out how much money we really make. The 1040 & sch. C says one thing, but we never have any money and we live week to week. I haven't taken a paycheck this year. So I made the worksheet so it reads what #'s we filed in our plan which was a projection of our upcoming year and then I have a column for this year taking the #'s off 2008's return and it calculates +/-'s. We finished paying off three loans but due to increases in some expenses and cutbacks from economy, I can calculate instantly where the difference is. I also found an unbelievable excel template for budgeting that lets you put in variables and tracks your daily expenses and sends the results to the worksheet that tracks monthly and yearly budgets. If anyone is interested I can send them a link. It's free if used for personal use. And I've looked at 100's of sites and templates and this is the best and most comprehensive. Unfortunately, it doesn't print money.

[justbroke]

My sheet basically breaks down the deductions this way. This is what the UST/Trustee looks for in our area...

Gross wages, salary, tips, bonuses comm
Business Income
Gross receipts
Ordinary and Necessary expenses
Rental Income
Gross receipts
Ordinary and Necessary expenses
Interest, dividends and royalties
Pension and retirement income
Contribution to household expense (child)
Unemployment compensation
Income from Other Sources

Deductions Under IRS
Food, Clothing, Household, etc.
Health Care

Under 65 years of age
65 years of age or older

Non-Mortgage (Utilities)
Mortgage (Housing)
Housing/Utilities Adjust.
Transp. - Operations

Transp. - Operations Standard
Vehicle 1 Qualify for Extra $200.00
Vehicle 2 Qualify for Extra $200.00

Add't Public Transportation
Transp. - Ownership 1
Transp. - Ownership 2
Taxes

Taxes from Payroll
(Over)Under Withholding
Other Tax Adjustment

Payroll Deductions
Life Insurance

Life Insurance - Payroll Ded.
Life Insurance - Debtor Pmt

Court Ordered Payments

Court Ordered Payments-Payroll Ded.
Court Ordered Payments-Debtor Pmt

Education for Disabled Child
Childcare
Healthcare Excess
Telecommunications Services

Additional Expense Deductions
Health, Disability Insurance
a: Health Insurance Payroll Ded.
b: Disability Insurance Payroll Ded.
c: Health Savings Account Payroll Ded.
d: Health & Disability paid by Debtor
e: Health adjust to actual amount
Care of Household or Family
Family Violence
Additional Home Energy Costs
Education for Dependents
Additional Food & Clothing
Charitable Contributions
Cash Contributions-Debtor Pmt
Cash Contributions-Payroll Ded.

Deductions for Debt Payment
Future Secured Claim Payments
Secured Claim House & Car - Above
Secured Payments - Other
Past Due Sec. Claim Payments
Priority Claims Payments
Chapter 13 Administrative Exp.
Estimated Chapter 13 Plan Payment
Estimated Non-Chapter 13 Plan Exp.