Got my petition draft mailed from attorney - questions

[FishersMike]

Okay I know this is a rough draft but do have a few questions that I have noticed. Here they are:

1) I notice on the unsecured creditors they list several that last activity was over 5 years ago. Do these still need to be included because in my state they only have 5 years to sue. So why would I want them to get anything?

2) Some older items are actually positive, so I am assuming I should be able to just have them remove those?

3) They are asking for pay stubs from 3/15 - 4/9 (which I did NOT include) and they do want my last paycheck for October. Which I figured that since will file in November. But shouldn't they only need May-October?

4) Schedule J (this is what I want people's advice on) figures they use, quite liberal for a single person:

Electricity & Fuel $275.00
Water and sewer $45.00
Telephone $80.00

Other $245.00 (then they but Cable 80.00, Internet 35.00, Cell phone 130.00) * The total is about accurate but not the breakdown as cell is only about $75.00 *

Food $400.00 (more realistic for me as I work until 8pm so eat out alot)
Clothing $75.00
Laundry & Dry Cleaning $45.00 (seems high)
Medical & Dental $125.00
Transportation (not payments) $300.00 (realistic for my gas actually)
Recreation $100.00
Insurance Auto $95.00

Then under line 17 Other:
Auto Repairs & Maintenance $50.00 (would have thought it would be under Transportation)
Personal Grooming $100.00 (also seems kind of high)

Any thoughts?

[teddybeardj]

Don't take this as any advise as I could be totally wrong here.
I think the Schedule I and J are just ballpark figures...or at least it would appear.
Our Attorney listed our income at about $700 a month more then reality and listed our Schedule J at equal as much over as well. Using his Schedule J and the real Schedule I then we would be short by a few hundred dollars, which makes it impossible to pay his and the trustee fees.
I think its all a numbers game as to what the trustee will accept. In our case when the numbers all get adjusted, the outcome is a mere few dollars off, so I wondered if its worth bothering making any changes to the court for.

The question you have to ask yourself is this. IF you weren't so strapped for money due to debt, would you be spending the amount he/she proposes on the Schedule J? If the answer is yes, then you should accept the numbers.

[Cristo]

I am a single filer and my numbers are pretty consistent with yours, except mine were higher in some categories. I had $450 for electricity/fuel (I have a fairly big all electric house), $100 for dry cleaning, $150 clothing (I have to wear suits to work), etc. I think you will be fine. Most attorneys know what will fly and what won't. I also had medical $325 and my lawyer said I may have to prove it and to have receipts. I have plenty of receipts but the trustee never questioned it. I did not have a personal grooming number but again, I was higher in a lot of areas. I am in Maryland in a high cost of living area so the numbers I have are not unusual. I would not worry about it much. I would put down the max they think you can get through with that way you will have a little cushion in your budget for when s**t happens. Stuff is always going wrong at my house and that is what I was most worried about.

The worst that could happen would be the trustee asking you to reduce it in some areas if you can not document. You probably spend more on that stuff than you realize. I know I do. I was shocked when I added up the medical expenses. My prescriptions alone are $125 a month and I have good insurance. If you had asked me what I spent on that stuff before I added it up I probably would have said about $75......

Make sure you account for everything, you have to be able to live on this so you don't want to short change yourself.

[walkthaplank]

1) I notice on the unsecured creditors they list several that last activity was over 5 years ago. Do these still need to be included because in my state they only have 5 years to sue. So why would I want them to get anything? you don't want to deal with a junk debt buyer in the future, especially one that will do sewer service, get a default judgment and then you can fight them after they garnish your wages. Statute of Limitations is only a defense in court, it won't stop the JDB from harassing you in the future. Besides, they only get something if they file a claim.

2) Some older items are actually positive, so I am assuming I should be able to just have them remove those?
You have to include everything.

3) They are asking for pay stubs from 3/15 - 4/9 (which I did NOT include) and they do want my last paycheck for October. Which I figured that since will file in November. But shouldn't they only need May-October?

Is there a reason why you don't want them to have this? I'd just give them what they want.

As far as the amounts, you want your attorney to pad your expenses as much as possible. The trustee will object to something, but the more room you have the less it hurts!