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Decreasin expenses after 341...a problem with trustee?

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    Decreasin expenses after 341...a problem with trustee?

    We already had our 341 last week, and we are waiting discharge.

    We were able to file chapter 7 because of the means test. We came out a couple hundred dollars in the negative. We want to decrease our expenses so we can actually have some money after all the bills have been paid. For example, are considering cancelling cable, internet, looking for less expensive childcare, carpooling, etc. If we make these changes, we will have less money coming out of our bank account.

    My question is this....can our trustee come after us for this? Or is it ok because the 341 is over?

    The reason I ask...we have a stickler for a trustee who is sending an appraiser to our home because apparently they think we are underreporting our assets (we aren't). We haven't had the call for the appointment though (at least not yet).

    Thanks,
    Footprints

    #2
    Footprints, it would actually be in your favor in the eyes of the court if, after having come out in the negative on your monthly expenses, you were able to cut back and actually live within your means post-bk. There can be a great deal of concern about people who file Ch7 but are still completely unable to live within their means afterward, and you're bypassing this issue altogether by cutting back. Good for you!!!

    The reporting (or suspected underreporting) of you assets is a whole 'nother issue. That's one where you let the trustee examine whatever he likes, and if there's something he feels you've undervalued, tell him to come get it. Please don't get stressed over any specific item, if you feel like you've done your honest best in being thorough and accurate in your schedules; in the end, it may be worth giving it up just to get the monkey of unpayable debt off your back... or, alternately, working out a "buy-back" plan with the trustee if it's an item you really care about. You can also come back with an independent appraisal of your own. It's not the last word, by any means.

    But right now, it's too soon to tell -- wait for the trustee to come back to you with his assessment before you stress it. Many times, the trustees send examiners only to find that the debtor's schedules were entirely correct and there was nothing to seize after all.

    Good luck!!!
    Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

    Comment


      #3
      My attorney said it was bad to come out negative in the means test. So I would think its better to at least even out.
      8/5/08 - Filed Chapter 7
      9/10/08 - 341 Meeting - It went great
      11/10/08 - Last day for Objections
      11/12/08 - Discharged & Closed!

      Comment


        #4
        FLAD - great post (as usual!). Footprints, it can't hurt -- and the trustee can't come after you -- to decrease your expenses at least to the point where you approach $100 in disposable income each month; they can be a stickler over any amount over that, but not that (at least as far as I've read).

        based on your -$200 number, you should be able to do some serious expense reorg without stress.

        go make life livable!
        Filed 7/28/08, Discharged 10/29/08
        (filed pro se: nonconsumer no asset CH7)

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