How trustees view expenses...am I overthinking things?

[keepmine]

Yes, I have spoken with an atty and he sees no problem with me keeping the car but said that I can't show a negative budget. The mortgage is only in my husband's name so there shouldn't be a problem keeping it (in other words, I am the only one filing so won't need to do a reaffirmation agreement). Once we wait about four more months we will be well under the median, even including our tax refund, as long as I don't go out and get a high-paying job. We'll probably end up at least $5000 under the $78454 median.

What I am trying to do here is keep my car to avoid the hassle of having to get a new one and get another loan at who knows what interest rate. My husband would have to get the loan I suppose, and his credit rating is pretty good but with banks not loaning the way they used to I have no idea whether or not he could even get a loan?? If I stayed home and didn't have to run kids around I suppose it wouldn't be such a hassle, but I'm on the road a lot and am hoping at some point to work again so I'll need reliable transportation.

My point is, I don't agree with having to take the whole $1632 allotted to me for food, clothing, personal care, etc. if I don't actually spend it, especially if it means the difference b/t having to give up the car or keep it. Even though we are a family of five my children are still young and we only spend around $150 a week on groceries, $80 every three months for haircuts, almost nothing on clothing b/c we get my sister's hand-me-downs, and sure we could go out and purchase extravagant gifts for holidays and birthdays but don't have to. What else goes into this category anyway?

Thanks for answering all of my questions. Sorry they are so strange...

I'd get some clarication from my lawyer about the negatve budget. It may mean, you just won't be allowed to reaffirm the car and that's not a bad thing. There is some caelaw that says all a debtor need do is offer to reaffirm. If the reaffirmation is denied, they've met there burden under the bk code.
Unless you've a luxury ride with a high loan payment, I just don't see you losing the car if you stay current.

http://www.georgiabankruptcyblog.com/archives/miscellaneous-cases-arizona-bankruptcy-court-ride-through-still-available-for-secured-debts-after-failure-of-timely-filed-reaffirmation-agreement.html

[lalap123]

Thanks so much...our car payment is reasonable in my opinion (around $200), and the car wouldn't be considered luxury. So what you're saying is that if my reaffirmation agreement is denied then I would go straight to the bank and work out an agreement with them directly? Would this likely work, especially since they'll know that I filed? I have an excellent payment history with them so hopefully they wouldn't want to take the car back and try to get rid of it again.

I kind of assumed the judge would deny it and tell the bank to come and get it. Interesting...