341 meeting today HELP

[pemil66]

[novayalife]

were you over the median?

[elstx]

He doesn't have to do a Means Test if he's a disabled vet.

[elstx]

Disability pay counts as income.

[pemil66]

Yes we are over the means test by about $60,000, I think maybe she red flag us because we didn't do the means test. All she said is I think you could pay it back.

[elstx]

As a disable vet, you do NOT have to do the Means Test. If you make too much though, you make too much.

[pemil66]

But we are negative when we do a budget, anyone that is allowed to do a chapter 7 would have money left over.

[LuciluS]

Yes we are over the means test by about $60,000, I think maybe she red flag us because we didn't do the means test. All she said is I think you could pay it back.

I would be diligently working on the means test. Research, read any and all about what can be claimed as a deduction. Go to your District's website and read some of the opinions by the Trustees to see if any might apply to you. Some people recommend signing up with Pacer and looking at some closed cases in your District and see what they were allowed on the Means Test.

I've gotten some conflicting advise about whether or not my husband's monthly payment of $115.20 for a Parent loan for his son's first year at Indiana University for one year $16,000 loan maybe used as an expense.I may either do some more research or just wait until we get closer to filing and use higher averages on my husband's weekly paycheck and set up a meeting with our Attorney and do a full means tests.

Although, the Bankruptcy Act of 2005, intended to push more people into Chapter 13s' instead of 7, it added 'worthless paper work'..words from my Attorney. it also did not give full explanations to the Trustees. So, in other words, My District may allow the parent loan expense, but I'll just say for reference point Arizona doesn't allow it. Our packet for the expense side doesn't even have a place for gifts.

My 3 grandchildren are too young to understand Bankruptcy and their Mimi (Me) writes out a check for $20, fills out a Saving Account deposit slip, so they may go to the bank & put it in their college fund, print them a Birthday or Christmas card and slide a $10 bill for them to spend. Valentine's Day & Easter, I send them 3 different cards and put $5.00 in each.

I just can't phathom that the Trustee would chastize me for this. I've told the rest of my family, no Birthday or Christmas gifts this year and they understand, but children who are 5,7 & 9 will not.

Our furkid, a Shih Tzu, got sick in Oct. 08. Long story short, on 2 medications (not cheap) and Prescription dog food (again not cheap) for the rest of her life..she will be 6 yrs old in July. No place on Attorney's form for pet expenses, but there will be one when I start that process of Bankruptcy.

I started an Monthly Excel Spreadsheet itemizing our expenses (other than utilities, truck payment, house payment...on different spreadsheet) which also includes grocery shopping, going out to eat (I'm disabled & don't cook very often) Vet Bills, Medical and Prescription Bills out the wazoo@ and more importantly, weekly receipts from my Hubby as he is an OTR Truck Driver and usually takes at least $100 in cash each week. Aw Man, it took me forever to explain to him "I don't care if you walk into the Flying J Truck Stop and buy only a Bottled Mountain Dew" tell the cashier Wife Says I Must Get A Receipt. He buys a Coke and maybe some SunChips at a Vending Machine at a Rest Stop. I tell him to get in his truck, take out a Post It Note, date and time, Rest Stop location and itemize what he spent. I then staple the receipts to my Printed Excel Sheet longways on the sheet. O My, had to buy a heavy duty stapler just to get the staple to hold

Only drawback is he usually gets home late on Friday. Saturday he drives about 18 miles to do the grocery (I'm disabled and have my own scooter, but he is 6'6" with a size 16 shoe and he can have over 3/4 of the groceries in his buggy before I've even made it to the second aisle LOL! so I don't go with him very often. He mows our .67 acre yard on Sat. afternoon and we go out to dinner which always has a special reasonable priced. He heads out early Sun. morning to the Yard to get his truck & drives to several places nearby to start his workweek.

I'm not in the mood on a weekend to go over his receipts so I end up on my cell phone asking him questions about the grocery receipt as he purchases lots of produce which I wash, dry and put them in a ziploc bag for him, milk, usually a Turkey Breast I cook on Sunday and he slices it for sandwiches.

In actuality, he spends more at the grocery store for Over The Road Truck items, than he does buying for the house. I'm not much of an Eater. Two Low Fat Cinammon Graham Crackers, 12 cups of coffee (unless hubby is home) and a Lean Cuisine does me find Sunday through Thursday nite.

My Goal is to Burden the Trustee with LOTS of Paperwork. And No, at my 341 meeting I will have laying in the middle of my Scooter a bag that contains the history of our life.. Divorce papers for each us, Marriage Certificate, Current Auto Insurance Declaration,Current Homeowners Declaration, Current Copy from our Mortgage Co. showing our payment amount, balance of principal at time of filing, what goes into Escrow Account, Copies of other Insurance policys & over 50 pages of furniture value found on the internet. Copies of the last 3 yrs. income taxes and 6 months of Bank Accounts and my husbands 401k plan

Copies of each Medical Bill Paid along with the form you receive from Insurance Company stating how much you owe (copy of cleared check taped to the EOB from insurance company),will get a Printout at local drug store for our medications (Medical bills & Prescriptions we incur our outrageous, but it is needed as we both have medical problems), Copies of other Insurance policys & over 50 pages of furniture value found on the internet. Copies of the last 3 yrs. income taxes and 6 months of Bank Accounts and my husbands 401k plan.

Yes, this will be in a 3 hole punched & tabs to help access each expense. Gee, I'm kinna figuring it will take about 4 - 5 large notebooks to put all of the above in it. Oh and Yea, I will make copies of the last 12 months utilities, satellite, phone, cell phones,electric, water, sewer & trash pickup.

Also, I hope you've kept good records and have at least 6-8 months of all receipts(cash, debit card, etc). You may pay for something on your debit card and when you get your bank statement, it has a different name than where you thought you made a purchase, so a Receipt is needed.

Will be praying Trustee doesn't push you into a Chapter 13!

Luci

[keepmine]

First, did you use an attorney?
Secondly, are you claiming as an expense, the debts you are trying to discharge?

[pemil66]

Yes we have an attorney at first he said we should be able to do a chapter 7 but after going over the numbers later he said we should do a chapter 13 and that’s what the trustee said that she is going to refer us to a chapter 13. The attorney though we would have to do the 13 because we have the means to pay it back because of our current monthly income (CMI) I believe the trustee was unhappy that we are exempt from the means test.

[pemil66]

This i found today on pacer ????
Chapter 7 Trustee's Report of No Distribution: I, ************, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Trustee's Report of No Distribution and 341 Meeting Concluded. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned: $ 321070.00, Assets Exempt: Not Available, Claims Scheduled: $ 473602.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment: $ 473602.00. (*********)
________________________________________
Directly Related Docket Entries
Filed: 03/02/2009
Entered: 03/02/2009
Entered By: **********
Event Name(s): Meeting of Creditors
Full Docket Text:
Meeting of Creditors to be held on 04/06/2009 at 11:30 AM at Fresno Meeting Room 1450. Last day to oppose discharge: 06/05/2009. (rpaf)