I am going to be filing BK � a couple of questions that I need help on - please

[frankie1]

[Trixie007]

Both here on this forum and elsewhere on BK blogs I have seen this answered both ways. Some say it's spread out over the 12 mos, some say it's counted in the 6 mos. Like so many other issues, it seems this may be something that Trustees handle differently in different areas.

My understanding of this is that you use the standard allowances on the means test, and your actual expenses on schedules I/J.


We were told by one attorney that we could transfer title of one of our cars to our DD, but we would still have to use our exemptions to cover its value - otherwise it would be viewed as an insider transfer. We opted to wait til after discharge to transfer it to her, just to keep it simple.

Do you have receipts? If it is something you have been doing regularly (not something recently started) you can continue, but you have to prove you've been doing it. In our case, we're providing two years statements from our church showing that we've contributed a regular percentage of our income on an ongoing, habitual basis. The BK law is that you can contribute up to 15% of your gross if that has already been established as normal for you.

[frankie1]

Thank you

I don't have records, i just give cash of 25 a week, re the housing/utilities that amount is not accurate in my area - and the means test decides if i can file chapter 7

[Trixie007]

Well, 25/wk isn't that much, so maybe you'll get by and be allowed to include it - not belittling the gift, just saying it's not like it's $700/mo with no proof. Definitely talk to local attorney as to whether the Trustee will allow you to claim this, as well as an adjustment on the means test for rent/utilities. It seems like there are so many things where the Trustee has a lot of discretion on whether or not to allow expenses/deductions.

[frankie1]

Thanks, being new to this their are alot of flaws -like being paid every two wks instead of twice a month, in your six month lookup you can have a 3 pay month. Also the bonus is for the entire year it should be amortized and only half be included in my 6 month window

[StartingOver08]

Thanks, being new to this their are alot of flaws -like being paid every two wks instead of twice a month, in your six month lookup you can have a 3 pay month. Also the bonus is for the entire year it should be amortized and only half be included in my 6 month window

Well, what you are talking about is common sense....and you will see that the Trustee is not looking to be 'fair' but to find assets! So, yes, there are some issues when filing, that is why BK planning is so important.