Hello. I signed papers today to file Chapter 7. In reviewing the papers this evening, I found what appears to be several mistakes. This is a little shocking to me, as this attorney came highly recommended. I'm no attorney, so maybe they aren't mistakes, but I thought I'd get the opinions of the good people of this forum.
On my Schedule J, I am concerned that my attorney listed my 401k loan repayment as a deduction from my paycheck (so, an expense), and I have read several times in this forum that 401k loan repayments aren't valid expenses on the Schedule J. I would hate for the trustee to throw that out as a valid expense and decide that money is disposable income. Opinions?
Also on my Schedule J, for Transportation, my attorney listed $432. That line specifically states "Transportation (not including car payments)." The figure I turned in for gasoline and car maintenance was $250 per month. My car payment is $362 per month. So this $432 figure is NOT my car payment, maintenance and gasoline cost all rolled into one. Even more worrisome is a few lines below this, there is a line for Installment Payments, and specifically a line for Auto, and the amount recorded here is $0. Thoughts?
Lastly, I am worried about my new landlord (a big property management company) receiving notification of my filing. The property management company is VERY bankruptcy UNfriendly. They do not allow bankruptcy in the three years prior to your rental application. I am current on my rent, and I plan to live in this home for many years to come, so I am not looking to break my lease. Anyway, to get to the point, there is a section called "Statement of Financial Affairs," and in this section you must list creditors to whom you have paid an excess of $600 in the previous 90 days. My landlord is listed here, as well as my kids' daycare center (as is my bank through which I have my car financed, but I'm much less concerned with that). Should the landlord and daycare center be listed? It specifically states to "list all payments on loans, installment purchases of goods or services, and other debts to an creditor made within 90 days....etc...." Does rent or daycare payments belong here? Can the trustee seek recovery of those funds to distribute them to creditors?
I am in the Southern District of Illinois if that affects anything.
Thank you for answering my stupid questions!
On my Schedule J, I am concerned that my attorney listed my 401k loan repayment as a deduction from my paycheck (so, an expense), and I have read several times in this forum that 401k loan repayments aren't valid expenses on the Schedule J. I would hate for the trustee to throw that out as a valid expense and decide that money is disposable income. Opinions?
Also on my Schedule J, for Transportation, my attorney listed $432. That line specifically states "Transportation (not including car payments)." The figure I turned in for gasoline and car maintenance was $250 per month. My car payment is $362 per month. So this $432 figure is NOT my car payment, maintenance and gasoline cost all rolled into one. Even more worrisome is a few lines below this, there is a line for Installment Payments, and specifically a line for Auto, and the amount recorded here is $0. Thoughts?
Lastly, I am worried about my new landlord (a big property management company) receiving notification of my filing. The property management company is VERY bankruptcy UNfriendly. They do not allow bankruptcy in the three years prior to your rental application. I am current on my rent, and I plan to live in this home for many years to come, so I am not looking to break my lease. Anyway, to get to the point, there is a section called "Statement of Financial Affairs," and in this section you must list creditors to whom you have paid an excess of $600 in the previous 90 days. My landlord is listed here, as well as my kids' daycare center (as is my bank through which I have my car financed, but I'm much less concerned with that). Should the landlord and daycare center be listed? It specifically states to "list all payments on loans, installment purchases of goods or services, and other debts to an creditor made within 90 days....etc...." Does rent or daycare payments belong here? Can the trustee seek recovery of those funds to distribute them to creditors?
I am in the Southern District of Illinois if that affects anything.
Thank you for answering my stupid questions!
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