Schedule j in new york

[brokenymom]

Can someone please help me? I filed chptr 13 in october. Had my 341 meeting the first week it january. It got resceduled until march due to the fact that the trustee wanted to raise my payments $700 month. This is due to a 401k loan that will be paid off in july 2011. I cant afford the extra $700. I was told to go back thru my expenditures and make adjustments. I have since gone through every expense my family has and they seem very lowon paper. Does anyone know where i can find the maximum amount allowed for ny for expenses? I have looked all over. I need to try to lower my payment as i am struggling to pay $1300 month.

[justbroke]

You and your attorney should just fight the Trustee. You can also propose a "stepped" plan where you pay one amount for a period of time, and then the payment amount changes to account for some event (like your 401(k) loan being repaid). This is common practice.

There is no way a Trustee should or should be allowed to force you to take another $700 out of your living costs, to pay into the Plan. Now, if you are also "contributing" to your 401(k) as well, this could be another story.

[brokenymom]

Im not taking the 700. I told the trustee on recording there is no way i can afford it. I need help with my expenses on schedule j. Many of them are not anywhere close to maximum amout allowed and what ihave to payi looked on irs for example aty has me @ $125 for clothing for family of 4 when irs allows $244. Can i raise them up to irs maximum? Even medical is $120 mnth when i am allowed $240. This would give me a little breathing room

[optimistic1]

Its not what you can afford, but what do you actually spend, these amounts you want to increase, are you actually spending that much each and every single month? What district or county are you in?

[brokenymom]

I actually do spend the amounts. I went back through last years bills and this is when i realized the amounts are to low. Plus the trustee said to redo my expenses or with that $700 i am 100% payback. I am in western district ny. I need some help or advice. My stress level is throught the roof and my hsband is ready to leave me over this

[optimistic1]

My guess is that he is saying he wont confirm your plan, because of the 401k loan, he is possibly calculating it and saying to confirm your plan he needs the extra $700. What has your attorney said?

[brokenymom]

Called me and told me not to worry. I honestly cant afford the $700. 2/3 of my income is commision and is no where what it used to be. In fact im on track to make 20k less than last year. How many months do i need to go with a income decrease before they will amend it? Remember i filed in oct and have only made 4 payments. Also my husbands overtime has dropped 50% in last 2 months we are making at least 1k less monthly if not more.

[justbroke]

Who called you and told you not to worry? Your attorney? If so, then that's who you should be speaking with about this. Your attorney fights for you.

[brokenymom]

Yes my attorney called me. He seems to think all of my creditors wont file a claim and my payment will go down after april 5th. I am talking to him about this. This forum seems as if people have gone through what i am going through. I am just looking for advice. Money isnt the best dinner conversation every day with your husband . Sorry i just needed to vent. I know im not the only one who feels like this and am looking for something positive in the future. Any advice is greatly appreciated thanks

[justbroke]

Many people get panicked and have many sleepless nights worrying about their bankruptcy. At this point, it is what it is. Just go with the flow. Let your attorney handle things and "worry" for you.

[tigergem]

Are you looking for the means test information, to see if you can allow more for certain expenses than you care currently claiming?

That information can be found here:

http://www.justice.gov/ust/eo/bapcpa/meanstesting.htm

[brokenymom]

yes that is what i am looking for. my question is can i go off of the collection financial standards? for 4 people use the total of $1370 or do i use $996 plus $50 ? the $1370 gives more room and with all expenses seems more accurate

[tigergem]

yes that is what i am looking for. my question is can i go off of the collection financial standards? for 4 people use the total of $1370 or do i use $996 plus $50 ? the $1370 gives more room and with all expenses seems more accurate

Collection Financial Standards are used to help determine a taxpayer’s ability to pay a delinquent tax liability. So I would probably use the other one. Unless your actual expenses are higher, then use your actual expenses and explain it.

[holycrap]

This forum seems as if people have gone through what i am going through. I am just looking for advice. Money isnt the best dinner conversation every day with your husband . Sorry i just needed to vent. I know im not the only one who feels like this and am looking for something positive in the future. Any advice is greatly appreciated thanks

I can't really offer you any solutions, but you and i seem to be having the same problems/ I am paid mostly on commision and my pay has gone down consistantly for the past 2 years. It seems to me that no matter what payment i end up with it will only be liveable for a short time and then we will be struggling again.