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Proposed Plan ??????

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    Proposed Plan ??????

    I am confused and know one you u can straighten me out like always
    Got a proposed plan in the mail yesterday. It is suggesting a pmt of $ 1179 which includes all secured pmts. This almost sound too good to be true but I have my fingers crossed
    I have gone thru all the numbers on there and the one I just dont get is this:
    On the means test they have included my 20yr old sons income of $1280. He contributes $ 0.00 to the household unless I am desperate. He has his own bills motorcycle pmt, 2 insurance pmts, cell phone ect... On the means test they dont take out any of his expenses which looks like I have a DMI of $1785 which is bizarre... Then on the schedule J after they are included this is where they come up with the $ 1179 pmt. Is this the normal way to fill these out ???? I just dont want the trustee saying I could pay $ 1785 because of the means test...I cant afford it...
    Also, I see no were on any of the forms about 401K contributions/ loan pmts.
    Are 401k voluntary contributions a non essential expenses ??? How about my loan pmts to the 401k ????

    THanks in advance for advise ...
    Those who live in glass houses should not throw stones
    Chapter 13 filed 10-21-09
    Discharged 4-13-15

    #2
    Good point,

    I will quote myself on a post similar to yours.

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      #3
      I don't know what your attorney did with your plan, and don't want to cast doubt on it, since s/he represents you. You may want an explanation as to how they came up with the numbers and what the Plan Payment means.

      Usually, any household members income that is included in the CMI (current monthly income) calculation, will usually be offset somewhere. Perhaps the attorney did this on Schedule J and not on Form B22C (Means Test). I can't tell.
      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
        I just spent an hour going over the plan and have listed 10 questions on there to call tomorrow and ask..
        I did notice they did NOT put any 401k loan repayments on line 55 which is currently 250.00 a mth ?? it specifically sts all required 401k loan repaymentsas specified in 362(b)(19)

        Also, if I am a 2 person household on there and they are including his income I am not sure why I dont claim 2 vehicles ???

        Just one more ?? I pay 1/2 of my grandson daycare. Long story but in short my daughter who is a single parent getting NO child support cannot work a $10.00 hr (all thats avail around here) job and pay $ 3.00 an hr for 40hrs of daycare plus rent, utilites, gas ect... They entered that in line 60 ?? I was thinking it would go in Line 35 ?? Maybe because he doesnt physically live with me ... For now anyway ..ha, ha.. I have a revolving door with them .

        I want to get this filed this week before Friday (my payday). Isnt it the amount of money u have in your bank account the day you file ??? Please correct if I am wrong.

        Also, thanks you guys for all your help through this nightmare...
        Those who live in glass houses should not throw stones
        Chapter 13 filed 10-21-09
        Discharged 4-13-15

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