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Homeschooling and Chapter 13 Budgeting.

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    Homeschooling and Chapter 13 Budgeting.

    Greetings,

    We have hired an atty to handle our Ch 13 and are in the in the "paperwork phase".

    Does anyone here have any experiences to share on how trustees reacted to taking the Education Expense deduction for homeschooling? We easily use the 137.50 per child maximum.

    Thanks,

    HappyCatNC

    #2
    Originally posted by HappyCatNC View Post
    Does anyone here have any experiences to share on how trustees reacted to taking the Education Expense deduction for homeschooling?
    This will depend on how your Ch 13 trustee interprets this expense. There's little consistency across the US for how homeschooling expenses are handled in a Ch 13 plan. Your lawyer should be able to tell you what your trustee is likely to do.
    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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      #3
      Rather than explain it, I simply divvied it up under other already allowable expenses.

      Comment


        #4
        First, I think it's great that you're home-schooling your kids. It shows that you take your kids' education seriously.

        I've never handled a case where home-schooling expense was an issue but it's similar to the issue of private school tuition which is fairly common here in Mississippi.

        In bankruptcy, the test for all expenses (aside from the means test) is one of 'reasonableness'. There are very few bright-line tests where, for instance, $99.99 is ok and $100 is not ok. Reasonableness, of course, is subjective. What may seem reasonable to you may not seem reasonable to your trustee. Keep in mind though, that your trustee's job is to get as much for your unsecured creditors as possible. He's supposed to object to stuff. Trustees are, however, practical. They know their judges' inclinations on most issues. They also know that matters of educating one's kids generates strong feelings and that it wouldn't profit him much to get horsey on the issue if you're willing to litigate the issue and appeal it if you lose.

        Whether and how much on questions like home-schooling don't have any cut-and-dried answers. They're intensely fact-driven issues. Your attorney should have a pretty good idea how your judge will react to the question.
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

        Comment


          #5
          Originally posted by HappyCatNC View Post
          Greetings,

          We have hired an atty to handle our Ch 13 and are in the in the "paperwork phase".

          Does anyone here have any experiences to share on how trustees reacted to taking the Education Expense deduction for homeschooling? We easily use the 137.50 per child maximum.

          Thanks,

          HappyCatNC
          Well, I would think that since this can be for public or private education expenses even, homeschooling wouldn't raise eyebrows. Especially since I'm sure you have financial data to back it up and it's not as if you're trying to justify a yearly trip to Disney as being "educational". We homeschool our 7yo- it's not cheap. Do you belong to a homeschool association? I know some of them offer free legal advise and may have a little expertise on this specifically.
          Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

          Comment


            #6
            How can homeschooling be expensive? All you need is a blackboard, and textbook and/or lesson plan.

            Comment


              #7
              Originally posted by JackBondLove View Post
              How can homeschooling be expensive? All you need is a blackboard, and textbook and/or lesson plan.
              Not sure if you are being tongue in cheek or not- but go ahead and price out those textbooks and curriculum plans and then get back to us.
              Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

              Comment


                #8
                How can homeschooling be expensive? All you need is a blackboard, and "textbook and/or lesson plan.
                this feels like Trolling, but in case it's not.

                textbooks, curriculum, testing, supplies, printing, copying, field trips, sports, lab equipment, art materials, science materials, subscriptions...i could go on but you get my point.

                however, no blackboard. who do i look like, mrs crabtree?

                Comment

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