Chapter 13 amendment

[cz3ch]

I just converted to a Chapter 13 from a Chapter 7 due to my expenses being tight. This was a voluntary conversion and I'm good with it.

My lawyer has to amend my expense numbers from the original case since she padded them too much for my liking. Which I'm finding out is common practice.

Upon looking over my bank statements I found a one-time payment for a product I sold for $500 and a one-time bonus from my boss to buy a laptop for $1,800.00. In a previous meeting my lawyer said if the Trustee asks about it, simply explain what it was for and be done with it.

My question is, should those numbers be amended to my means test/schedule to reflect proper income or should I deal with it at the Trustee meeting. I've sent the info again to my lawyer to be sure she has the right amounts.

I know that as long as I'm honest and disclose everything (of which this I overlooked honestly) I'll be ok. But after reading too much about Bankruptcy fraud on the Internet my anxiety level is high.

Any help or thoughts are appreciated.

[kornellred]

Sounds like your Chapter 7 was filed because of a presumption of abuse. There is no advantage to filing a Chapter 13 if you actually qualify for Chapter 7 unless it is for the purpose of protecting a valuable asset (such as a home).

[cz3ch]

Sounds like your Chapter 7 was filed because of a presumption of abuse. There is no advantage to filing a Chapter 13 if you actually qualify for Chapter 7 unless it is for the purpose of protecting a valuable asset (such as a home).

Originally the chapter 7 was filed with the lawyer having bloated some of my expense numbers. I told her I wanted my expenses to be as accurate as possible and amended which put me into a Chapter 13 qualification. So she filed to convert the case to Chapter 13 and we are meeting next to correct the mistakes and make the amendments. No presumption of abuse has been found thus far. She simply miscalculated the numbers and we missed a couple of items which I'm assured can be corrected with the new Chapter 13 filing.

[justbroke]

I thought that I already responded to both questions regarding the money issue. One is income, the other is a business expense that was reimbursed, respectively. These are questions for your attorney since you are represented. If you are unsure of what to do/say, then you really need to have a meeting with the attorney prior to the 341 Meeting!

Nothing annoys a Trustee more than a debtor telling him/her that the schedules are wrong, and their attorney is sitting right next to them. Especially after the Trustee swears you in and then asks if you signed the forms and understand what's on them.

[cz3ch]

I thought that I already responded to both questions regarding the money issue. One is income, the other is a business expense that was reimbursed, respectively. These are questions for your attorney since you are represented. If you are unsure of what to do/say, then you really need to have a meeting with the attorney prior to the 341 Meeting!

Nothing annoys a Trustee more than a debtor telling him/her that the schedules are wrong, and their attorney is sitting right next to them. Especially after the Trustee swears you in and then asks if you signed the forms and understand what's on them.

We are just in the process of converting to 13 so a new meeting will be set. I have a meeting set with her next Wednesday in which I hope I can get all of this straightened out. And yes, you answered my questions prior, thank you very much. ;)

[justbroke]

I can tell by your posts that you are confused, unsure, and very nervous about this. The reason you need to sit with your attorney is because they really need to explain everything to you. You have a lot of different things going on right now (including a divorce) which is just making the situation more... uneasy.

I really hope that your attorney alleviates any concerns that you have and helps guide you through the process. The Forum, as well as myself, will answer all your questions as you post them. To me you just seem so overwhelmed and are all over the map with your questions. I'm sure others are starting to get the entire picture of your situation and we can provide better answers to help you through this.

It will all be okay!

[cz3ch]

I can tell by your posts that you are confused, unsure, and very nervous about this. The reason you need to sit with your attorney is because they really need to explain everything to you. You have a lot of different things going on right now (including a divorce) which is just making the situation more... uneasy.

I really hope that your attorney alleviates any concerns that you have and helps guide you through the process. The Forum, as well as myself, will answer all your questions as you post them. To me you just seem so overwhelmed and are all over the map with your questions. I'm sure others are starting to get the entire picture of your situation and we can provide better answers to help you through this.

It will all be okay!

You're right. I am confused, unsure, and beyond stressed about this whole thing. I'm trying to be patient for my meeting next Wed but in my irrational mind I'm assuming I won't have time to make corrections or file the Chapter 13 stuff in time and get in trouble.

I'm very much overwhelmed with this and not sure what to do. I've asked if I can meet with my lawyer sooner than next week so I'll wait and hear from her. I just need answers and advice on how we are going to handle things.

Thanks for the reassurance and support.