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    Prepaid funeral Plan Expenses

    My parents are in the 80s (another state, not living with us). We just bought prepaid funeral plans for them paying $300/month. Can I include this as neccessary expenses in schedule J?

    Thnaks.

    #2
    Originally posted by overspent View Post
    My parents are in the 80s (another state, not living with us). We just bought prepaid funeral plans for them paying $300/month. Can I include this as neccessary expenses in schedule J?

    Thnaks.

    This is my guess, NO. Reason, no immediate need, second, it is not for your use (hopefully) and you actually are not responsible for their deaths if one survives, the other is responsible (by law, not morals)

    I believe the first son is responsible for a last parent but it would be by a state to state laws I'm sure.

    $300 a month is a hefty amount. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      As Hub notes, the issue here is that the funeral plans you purchased are not for your immediate family, plus the family members the funeral plans are for don't live in your household - not even in your state.

      When exactly did you purchase these plans? What's the length of the plan loan and what are the terms? Are the plans unsecured? Please pardon my directness, but did you purchase the funeral plans as a way to increase your expenses before filing your 13?

      Chances are good your trustee will challenge this expense as unreasonable because it's not a necessity. Can your parents afford the payments if it turns out you can't include them in your plan and can't afford the $300/month (very likely since Ch 13 takes *all* your disposable income)?

      The best way to find out what to expect is to ask your lawyer (or ask this question during your free initial interviews with 3-4 experienced bk lawyers in your area). But don't be surprised if the answer is no, you can't include it as an expense.

      I wish you had asked a bk lawyer how purchasing these plans would impact your filing before you did it, but that's water under the bridge now.
      Last edited by lrprn; 12-09-2009, 08:03 PM.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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