Cost of Fuel

[ValleYum]

AZ? Maybe you could list your income and expenses and let some of the wizards here look at them... knowing the # in your family helps too.

This forum was invaluable in our getting our over median BK7 through without any problem.

[walkthaplank]

You need to start searching for a new lawyer. Talk to several, do it fast. Get your paperwork together, explain the situation to the new lawyer. You might have trouble talking to lawyers because you are technically being represented. You might just tell them that you fired your lawyer when you talk to the new ones, if you get a lawyer that is going to actually represent you, you can fire him. I would also start demanding money back from your first lawyer, if he doesn't cough up, you need to tell him and then do it, that you are taking him to the state bar for malpractice. You are in a pickle because you had a bad lawyer who was happy to take your money, yet unable or unwilling to represent your interests.

The median income is only a portion of the means test. Essentially it is income-allowable expenses= Disposable Monthly Income which would equal your plan payment in a CH13. Median effects some of what are allowable expenses, but certain amounts are what they are and are fully allowable. Fuel, actual car payment, actual house payment (if you own your home), insurance, child care, utilities, etc. If you do not have enough DMI, or negative DMI you can file for CH7. The only reason in those cases you would WANT to be in a 13 is to cure arrears on secured debt, protect non-exempt assets or to pay some sort of priority non-dischargeable debt like back taxes.

[BigJohn]

I did an analysis that proves out how my fuel expense each month has increased by nearly $300 dollars since the plan was approved. This comes from two factors... 1. My daily commute has more than doubled, and 2. the cost of gas has skyrocketed more than a dollar a gallon since we put the plan together. Both factors are out of my control. My analysis uses widely used published data.

The increase is really killing us. I have a registration renewal that is late and I can't pay it until at least next month. The car needs new brakes. It's unsafe. But when my meticulously detailed plan gets thrown down the toilet by this more than significant increase in expense, I can't afford these things, always strugling. I have a budget planned out through September. I can see where things are heading. Gas is only getting more expensive. It's effectively a decrease in income.

My trustee is intent on sapping every last penny from us he can. There is no wiggle room whatsoever. He has been objecting to the plan for over a year and only now that the payment is totally maxed out is he actually going to approve it, with this grossly understated fuel expense. My lawyer wants to keep quiet about this for now and just get the plan approved. But once we get that done I think he will present the fuel issue for me.

What do you think will happen?

Do I have a leg to stand on?

Thanks.

I am in Arizona also.

How far is your commute?

I was spending $10.00 to $20.00 a day and going nowhere. I broke down and bought a 150cc Chinese scooter. Now I get about 75 miles per gallon and travel more miles! Registration is almost nothing. An oil change is done by me and it cost me the price of a quart of oil. I am trying to learn all the ends and outs of the scooter and hope to do all of my maintenance/repairs. As far as parts - if you check, you can buy all of the parts on the internet for almost nothing.

I had a few rainy/cold days. A rainsuit took care of that problem.