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    #16
    The only thing I am wondering is we were told no contribution into 401K during the BK. Did your attorney not question this? Food allowance for a family that size seems under to me.

    If your attorney didn't seem to think your expenses would be a problem, I wouldn't worry. However if anything does come up, be prepared to back up what you have claimed. Matter of fact, be prepared to take a larger exemption on food. Keep all your receipts for food for awhile, it might help if the 401K comes into question. We haven't contributed for well over a year now, and our contribution was small compared to yours.
    Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

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      #17
      Originally posted by stressedNC View Post
      So if the loans and school fees are not allowed are we completely screwed? Why would our seasoned lawyer have us use them or is this one of those varies by district/case things?
      This is one of those things that varies by district. Your lawyer should be familiar with what will fly with your local trustee.

      Worst case scenario - let's say your trustee objects to one or both expenses. Your lawyer will then discuss the differences with your trustee. If you have documentation justifying the expenses as reasonable for your family size and neighborhood, then chances are better that your lawyer can win the negotiation and your expenses will be accepted.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #18
        If the student loans are not alllowed, you have extra food allowance to make up the difference.

        If the school expenses are not allowed, I think you will be able to document some of the children's school expenses and some of the extra car expenses to make up the difference.

        Your lawyer would know what flies in your district, and you are under 100k in credit card debt so no red flag there.
        You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

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          #19
          Originally posted by justplaintired View Post
          The only thing I am wondering is we were told no contribution into 401K during the BK. Did your attorney not question this? Food allowance for a family that size seems under to me.
          We were told the our retirement was fine we even said they could take it we didn't care but we were told it was fine. It seems like I remember him saying we were way under the % allowed on for contribution.

          It isn't actually a 401k it is a 403B(with a value of a whopping 1600.00) if any of that makes a difference. I used 401 on here incase some didn't know what a 403 was. It is basically a 401 but it is when your employer is a nonprofit, DH works for a nonprofit private hospital. We did have to bring them a ton of paper work on it so they could find certain wording to exempt it.
          Thanks

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