Claimed $650 a month for food for a single person

[maci1818]

I thought there were numbers set forth when you file a chapter 13.
Ive seen familys of 4 that were denied monthly food expenses of 650 a month.
Yet me ex husband filed as a single individual and got $650.
He also has a cell phone over 150 a month as well as cable 150 a month.
How is this allowed?

[NowImDownInIt]

I don't really understand that either, but can't really interpret things without knowing the entire circumstances.

Bankruptcy isn't always fair game.

[maci1818]

According to the US trustee website
Expense One Person Two Persons Three Persons Four Persons
Food $285 $537 $626 $752

[NowImDownInIt]

Right, and there is no telling why a trustee would allow this to pass, but it seems they must have. Is he showing other people in his household, even though he's filing alone?

[maci1818]

No just himself..So your saying this is allowed.
Can I bring this someones attention?

[NowImDownInIt]

No, I am not saying this allowed. You can object to the plan, but there is no guarantee your objection will be accepted. If he truly did claim such a high amount for food expenses, the trustee WILL see it, and will likely not approve the plan anyway. That's all the attention you will need to bring to it.

The BK court will scrutinize the plan at the confirmation hearing to ensure that it complies with statutory standards.

Didn't your debt become secured yesterday? Secured debts are paid at 100% anyway, so why would you want to fight on this anymore? I would think it would just be a waste of your time and stress you out more.

[enginegirl]

No just himself..So your saying this is allowed.
Can I bring this someones attention?

why?? to be spiteful??

[maci1818]

why?? to be spiteful??

He is filing to be spiteful to get out of paying this debt.
Its his only debt.
bankruptcy should be reserved for people who need it.
Larger families trying to feed their children get denied the $ 650 and are asked to live on much less. A single man should not be allowed to get away with this.

[tobee43]

actually, you don't have much to say about it.

food cost vary through out the country. we left the state, moved to another, and was really eating out of the pantry when we filed...so i used our "old" food budget....and guess what...

I WAS QUESTIONED for being to LOW!!!

the point here is, it truly depends on where you are, since now moving and shopping on a regular basis, our food cost have MORE THAN doubled!! and we EAT less...it's just where you are.

of course there are federal and state guidelines, but do not forget the trustee lives in the same district as you, or at the least knows the area well and the costs of food etc.

our trustee actually commented and said please don't let me husband see your food budget! it a broke the ice a bit, but, it was in fact questioned.

[maci1818]

Didn't your debt become secured yesterday? Secured debts are paid at 100% anyway, so why would you want to fight on this anymore? I would think it would just be a waste of your time and stress you out more.[/QUOTE]

Yes it did. I wont get 100%
His plan is to pay $100 a month for 36 months.
He owes 45,000 so really what is that going to get me??

[enginegirl]

He is filing to be spiteful to get out of paying this debt.
Its his only debt.
bankruptcy should be reserved for people who need it.
Larger families trying to feed their children get denied the $ 650 and are asked to live on much less. A single man should not be allowed to get away with this.

It is a rotten thing that he is doing and yes it is really unfair... karma WILL come back and get him... it is the way of the world....

but isn't his debt to you secured?? you know the more you drag it out the longer it will take for you to start receiving funds...
close the chapter, get the money and move forward ... and live free of this a$$hole....
as some earlier said the trustee will catch it.... (unless he is claiming your kids as his exceptions!)

[enginegirl]

btw... I filed because I took a HELOC out on my home for over $100,000.00 for my ex's business venture ... and when he left me for a ho, he left me with the debt ... no recourse on his part as home was not in his name... sometimes you just have to move on from things like this in order to move on with your life... so please do not think I am being mean....

[maci1818]

btw... I filed because I took a HELOC out on my home for over $100,000.00 for my ex's business venture ... and when he left me for a ho, he left me with the debt ... no recourse on his part as home was not in his name... sometimes you just have to move on from things like this in order to move on with your life... so please do not think I am being mean....

This is exactly what happened to me. I took a Heloc on our Condo to pay off some of his loans. 5 months later he cheated. We got a divorce . He agreed to continue the Heloc in our decree. 5 months later he decided to not pay that anymore. I went to take him to court on contempt of our decree. The day before court he filed Chapter 13. So here we are. Maybe I should file as well so I dont have to pay his debt.

[enginegirl]

Maybe I should file as well so I dont have to pay his debt.

ah I hear ya..... to me it was a step of last resort, there are a lot of other factors (including a 60% pay cut because I lost my job when he left... had a break down at the office and told the boss what everyone else want to say!!)

I could only strip my HELOC/2nd because condo is only worth 1/3 of what the mortgages are...(home value $77,000. 1st $120,000, HELOC 110,000)....

[maci1818]

ah I hear ya..... to me it was a step of last resort, there are a lot of other factors (including a 60% pay cut because I lost my job when he left... had a break down at the office and told the boss what everyone else want to say!!)

I could only strip my HELOC/2nd because condo is only worth 1/3 of what the mortgages are...(home value $77,000. 1st $120,000, HELOC 110,000)....

OMG. Me too.. the day he left I took a cut in salary because my company got purchased. Ive tried to do the making home affordable and got denied because I had not missed payments. Ive been trying to salvage my great credit but I am getting closer and closer to throwing in the towel.