If schedule I is positive, will trustee turn it into a 13?

[lafrteacher]

First of all, hi to everyone here. Lots of anxiety; our 341 is Tuesday.

My question:
Our Means test was -66.00, but our Schedule "J" was +600. Will the trustee try to make us convert to a 13?

[laurannm]

If you are showing a positive $600 then that will most likely catch the UST attention. General rule of thumb is to not show more than $100 positive cash flow on your schedule J.

Are you sure you are listing all of your expenses? Such as:
Electricity
Trash
Sew/Water/Septic
Gas (Home)/Oil
Phone
Cell
Internet
Food/Groceries
Cable
Dining Out
Work/School Lunch
Entertail1lnent
Clothing
Health Insurance
Doctors Co-Pay
Medications
Medical Equipment
Dental Insurance
Dental Co-Pay
Veterinary
Clubs, Sports & Hobbies
Life Insurance
Car Insurance
Gasoline
Auto Expenses
Taxi/Parking/Public/Transportation Contribution
Child Support
Child Care
Tuition/School Fees
Business Expenses/Union Dues
Beauty/Barber/Nails/Dry Cleaning
Other (Holidays, Birthday, Cigarettes, etc.)

Keep in mind that some of these may or may not be accepted in your district. and you don't want to be too far above IRS standards for some of these categories. Are you pro se or do you have an attorney?

[music12]

is the OP allowed to amend his expenses after the UST gets involved (if he does)? or does he have to do it first?

[Frshstart09]

My schedule j was -125. I concur with laura. You need to reexamine your expenses and get your disposable income less than $100/mo. Good luck.

[lafrteacher]

Using an attorney. He wants us to use the standard on all the deductions that he knows the trustee will accept. Going to see him Monday to see if we can list some more expenses on Schedule J.

Can I list student loan payments on there? State tax payment on taxes owed from last year?

[LuciluS]

What's his explanation for using the Standards? I don't believe there is a Bankruptcy Trustee who would not accept your actual expenses for either a 6 month or 12 month 'look back'.

I'm sure you have a copy of your Schedule I in hand which was filed with your Bankruptcy Petition. Use a software program & 'plug in' the exact numbers. Take the corrected Schedule I with you to your 341 & ALL documentation (receipts, etc.) justify your expenses. In our case, it would be a large box full

Yes, with a +600 you will be converted to a 13. Your disposable income should be around 160-167 and no higher. I don't understand your Attorney forcing you to use the Standards. If you can prove your numbers are higher and within reason (like entertainment at $150, NOT), I think the Trustee will accept them.

You may be charged either $26 or $29 to amend your bankruptcy filing; however, since you completed the Amended Schedule I, your Attorney should not be able to charge you. Have cash on hand to pay for Amendment.

This will upset your Attorney, but he's not the one who will Not get a 'Fresh Start' by filing a Chapter 7. He works for YOU and it would be in his/her best interest to complete the process until your case is closed. You will have to watch him like a hawk. Suggest you register with Pacer and follow your case til closed.

There is a stickie on Pacer to help you view the correct notations during your Bankruptcy. Also, you can use the Search Button and type in Pacer instructions. I'm unable to locate the post; however, there is a member of this forum who gives you easy to understand steps in locating the info you need.

Good Luck!

Luci

PS Just read where you are meeting with your Attorney Monday. Hand him the Amended Schedule I & tell him these are the figures you want to use.

[lafrteacher]

Update:

Got schedule J updated, listed some more expenses. Now -175.00.
Trustee meeting tomorrow morning. We'll see how it goes; it's in God's hands now.