sorry to re-post on the same question . . .

[kathy4530050]

Can anyone who knows a little bit about PACER tell me this: if I look at someone else's Schedule J in my district, if an expenditure is listed there, does that mean that the trustee was ok with it??

Just trying to figure out what the trustees in my district approve.

Thanks.

[dingdong]

Usually if an expense is not ok with TT, they will ask the filer to amend the schedule ( I think )


I don't know if an amended petition states as such in the docket text.

So lets say a debtor lists 300.00 for whatever and the TT asks the debtor to amend to 100.00 or whatever is appropriate. I am not sure if you would be able to find out if it had been amended by looking at PACER. It seems that you would and the docket might have an updated filing date with the amended schedule/petition and it may show in PACER. I am not really sure. I have never come across any docket entries which state a petition was amended, or at least noticed it if I have.

I guess you might see a filing date by a schedule, and then later see the same schedule/doc with a different filing date. IF you did see that scenario, you could probably assume it was ammended after the 341 ( if the date fits) and the TT didn't like what he saw.

Not 100% sure though.

DD

[dingdong]

Another thought, if you looked at only discharged cases, and looked at their J, you could assume that the expense was allowed.

You have to consider that every case is different with a different set of circumstances.

I am sure if the TT saw some expenses, which really didn't affect the overall case of the debtor, maybe they were under means, or so far buried by other expenses that a certain expense they listed would really not make a difference, the TT may just choose to overlook it.

Not sure if that is how it might work or not in the TT mind, but I can only guess.

So if you had a 3000.00 mortgage you were paying and 800.00 in health insurance and only made 4000.00 month ( and this is all hypothetical, non real world examples) and incuded 400.00 entertainment expenses, the TT may see that you are so buried by other expenses and qualify for a 7 regardless of the other expenses that he doesn't say a thing about some of the other stuff.

So looking at one petition and seeing what flys may not be appropriate for you to safely assume that an expense is allowed.

Best to follow an attorney's advice.

What expense are you concerned about?

[kathy4530050]

Hmmmm . . . right now I am only looking at discharged cases. I've spoken with several different attorneys and have gotten different advice from each and so am confused about a few things. Some are small--one attorney says cable (tv) not allowed, entertainment not more than $25, utilities only to max allowed--not actual. Another says I can't deduct mileage (for my business) the way I usually do using the IRS rate--I have to figure gas, repairs, and maintenance.

I'm confused about the role of the attorney in all of this as well as how much is up to the discretion of the trustee. One attorney said I couldn't include either of my (college) sons in my household size because they were over 18, one said I could include both because I have household expenses for both, and another said I could only include the one who lives with me year-round. And, two of the attorneys said they would argue with the trustee for me.

So is it up to my lawyer to make a case for me? Is it up to the discretion of the trustee? Or are there pretty clear-cut rules that decide most of these things?

I wish things were clearer. it seems there's so much that subject to interpretation . . .

[StartingOver08]

Yes, there is a lot subject to interpretation.....

That is why getting an attorney that will fight for you is so important. It makes all the difference if your attorney is a well known fighter. I contend that what you are paying for in the attorney fee is his experience and his REPUTATION!

[kathy4530050]

Yes, there is a lot subject to interpretation.....

That is why getting an attorney that will fight for you is so important. It makes all the difference if your attorney is a well known fighter. I contend that what you are paying for in the attorney fee is his experience and his REPUTATION!

That sounds pretty solid. I had one attorney who wasn't experienced with bankruptcies involving small business and he referred me to another attorney. I asked him why he chose to refer me to THIS guy and he said, "Because if I were in your position, this is the guy I'd want representing ME." He (the guy he referred me to) was the most expensive attorney I spoke to. I haven't actually chosen anyone for sure yet. He might be the best.