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Stopped paying creditors, lawyer sez I now have too much disposable income

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    Stopped paying creditors, lawyer sez I now have too much disposable income

    Preparing to file my Chptr7, my lawyer says I pass the "means" test for BK cuz of recent unemployment, but now that I have a good new job the last 2 mos, he says I need to come up with expenses to cover most of that $1300/mo I've been paying on CC bills or it will be difficult for him because I have too much disposable income.(theres a legal BK term he used for this i forget)

    We've itemized every expense I could think of already, all padded somewhat, but honest enough. He says I should get more insurance (i only have minimal company BlueShield) - health, dental, vision, change payroll tax exemption, and some other ideas. I've got to move out of my below-mkt-price apt soon (bldg sold) and he says I can afford a much more expensive apt. (Los Angeles avg. is $12-1400/mo for 1BR) I've looked at the expenses list in another post and got a few ideas, but don't think I can come up with even $500/mo more expenses that I'd swear to, much less $1300.

    I've been living like a pauper for years to pay the CC's and this extra $1300 not spent on monthly payments is like a windfall. I want to save it for my uncertain future, not spend it on insurance or get stuck in hi-rent lease.

    Anybody had this issue? Is "creative" expensing required? Do I just need to start blowing $ left and right pre-filing to avoid jeopardizing my case or do judges understand $ not spent on CC payments doesn't necessarily need to be spent on some other expense?

    #2
    Here's my thoughts on it, and I have no idea how much extra a month this would add up to for you, but I would try to think of other expenses to add on or up the expenses (at least some of them) that you had already figured out. If I wouldn't have any medical or dental insurance (we haven't had any now for going on a year because of my husband losing his job, and we can't even afford to buy any), I'd take some out. Are there legitimate things (ordinary things that wouldn't really cause the trustee to raise his eyebrows)that you've been wanting to do but putting off because of having to pay on the credit cards? Does anyone's car need to be fixed? Home improvement? Any leaky toilets, broken windows, etc.? Does a chimney need to be cleaned? What about a furnace? You said you started a new job. I'd say that a new job requires a lot of new clothes. Do you have any pets? Maybe Fido needed a new dog house because his old one was leaking. lol Seriously, I'd try to think of whatever I could within reason (obviously not a trip to the Bahamas) to get those monthly expenses higher. It might be things that you would do anyway but maybe you're so careful of spending money now that you aren't even doing things that you should be doing. I would schedule dental cleanings, doctor checkups, etc. You just have to think about it. I bet if you really take the time, you'll be able to come up with things. I'd save all my receipts from these things too just in case you're asked for proof.
    341 meeting: January 3, 2007
    Last date for objections: March 4, 2007
    Discharged March 22, 2007
    Closed March 29, 2007

    Comment


      #3
      150 Mph

      Preparing to file my Chptr7, my lawyer says I pass the "means" test for BK cuz of recent unemployment, but now that I have a good new job the last 2 mos, he says I need to come up with expenses to cover most of that $1300/mo I've been paying on CC bills or it will be difficult for him because I have too much disposable income.(theres a legal BK term he used for this i forget)

      We've itemized every expense I could think of already, all padded somewhat, but honest enough. He says I should get more insurance (i only have minimal company BlueShield) - health, dental, vision, change payroll tax exemption, and some other ideas. I've got to move out of my below-mkt-price apt soon (bldg sold) and he says I can afford a much more expensive apt. (Los Angeles avg. is $12-1400/mo for 1BR) I've looked at the expenses list in another post and got a few ideas, but don't think I can come up with even $500/mo more expenses that I'd swear to, much less $1300.

      I've been living like a pauper for years to pay the CC's and this extra $1300 not spent on monthly payments is like a windfall. I want to save it for my uncertain future, not spend it on insurance or get stuck in hi-rent lease.

      Anybody had this issue? Is "creative" expensing required? Do I just need to start blowing $ left and right pre-filing to avoid jeopardizing my case or do judges understand $ not spent on CC payments doesn't necessarily need to be spent on some other expense?


      I was in a similiar situation when I filed Ch13 for starters, I couldn't help that my rent was "cheap," and that my style of living was and is Frugal as they put it. But to go out and live more expensively didn't make sense. Luckily I had a choice, pay back $800 a month for the next 5 years or quit one job for a couple months and convert to Ch7 and pay nothing! I Quit one job, now I'm discharged

      Why not put some of your disposable into the company 401k if they have one! I was putting close to $600 towards it (I had 2 full time jobs so 2 401k's).

      Catchmeifyoucan
      July 2006: Filed Ch13 :blink:
      Oct 2006: Converted to Ch7 :clapping:
      Jan 2007: DISCHARGED :clapping:
      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

      Comment


        #4
        Insurance is a great tool to use. Up your health insurance, dental, auto, and you could even get renters insurance. It won't all be considered exemptable, but claim it anyways. Use everything you can to get your disposable income down, and hopefully the trustee will go for it.

        Comment


          #5
          Originally posted by CATCHMEIFYOUCAN View Post
          Preparing to file my Chptr7, my lawyer says I pass the "means" test for BK cuz of recent unemployment, but now that I have a good new job the last 2 mos, he says I need to come up with expenses to cover most of that $1300/mo I've been paying on CC bills or it will be difficult for him because I have too much disposable income.(theres a legal BK term he used for this i forget)

          We've itemized every expense I could think of already, all padded somewhat, but honest enough. He says I should get more insurance (i only have minimal company BlueShield) - health, dental, vision, change payroll tax exemption, and some other ideas. I've got to move out of my below-mkt-price apt soon (bldg sold) and he says I can afford a much more expensive apt. (Los Angeles avg. is $12-1400/mo for 1BR) I've looked at the expenses list in another post and got a few ideas, but don't think I can come up with even $500/mo more expenses that I'd swear to, much less $1300.

          I've been living like a pauper for years to pay the CC's and this extra $1300 not spent on monthly payments is like a windfall. I want to save it for my uncertain future, not spend it on insurance or get stuck in hi-rent lease.

          Anybody had this issue? Is "creative" expensing required? Do I just need to start blowing $ left and right pre-filing to avoid jeopardizing my case or do judges understand $ not spent on CC payments doesn't necessarily need to be spent on some other expense?


          I was in a similiar situation when I filed Ch13 for starters, I couldn't help that my rent was "cheap," and that my style of living was and is Frugal as they put it. But to go out and live more expensively didn't make sense. Luckily I had a choice, pay back $800 a month for the next 5 years or quit one job for a couple months and convert to Ch7 and pay nothing! I Quit one job, now I'm discharged

          Why not put some of your disposable into the company 401k if they have one! I was putting close to $600 towards it (I had 2 full time jobs so 2 401k's).

          Catchmeifyoucan

          We were told this week that the trustee would most likely request that we stop our 401k withdraw. I was surprised but my hubbys work does not make it a mandatory but if we do not contrubite at least 6% they do not, so I see it like throwing 6% away if their contribution is a give away to us. We are going to hold out and hope that the trustee doesn't request us to quit.
          Filed chapter 13 January 31, 2007
          Waited and worried Febuary 1, 2007 - April 19, 2007
          Confirmed April 20, 2007

          Comment


            #6
            Why not buy a new vehicle?

            The monthly allowed payment is between 400-$500?

            Comment

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