Very nervous... 341 next Friday 11/13

[BikerChick]

Hi everyone I am a 24 year old single female. I don't really own any property. I have a car payment in my parents name that is paid off but I still pay them for the first few years of payments that they paid. I also split the mortgage (not in my name) with my boyfriend. My bank account got so overwithdrawn by creditors that I am unable to even get a bank account. I have a prepaid debit card that I literally can only pay cash with. Do you think this will send a red flag to the trustee being that if they ask for proof of rent and my car payment all I can say is that I provide cash to my parents and boyfriend. My attorney didn't say a word or even ask me twice about it at the beginning of this. But I didn't know if I should be prepared for this to be a red flag for the trustee or if she will not even blink twice since I have 0 assets anyway. Can anyone provide some advice if you have been in this situation? I would truly appreciate it. Thank you!

[ForTheBest]

I'm sure one of the experienced posters will be by to answer your question, but in the meantime I'll take an uneducated stab at it just so you won't be sitting there thinking, "Uh-oh. No answers yet. That must mean I'm in even bigger trouble than I feared!" (Can you tell that I've been there?)

From what I've seen, if you have no assets and your income is well below the median for single filers in your state, I don't think your expenses are of much (if any) interest to the trustee. But again, that's just my opinion.

[BBW]

Not one of my expenses were questioned. I was surprised. My attorney listed my food as $800 per month for a family of two which I thought was very high. My meeting took less than a minute.

[OhioFiler]

Your parents are unsecured creditors as you describe them. What is the amount you pay them monthly for the car? You could have an issue here as the trustee may decide you're transferring assets to your parents preferentially. I've seen it happen recently.

Having or not having assets is not an issue for the trustee initially. What is an issue is your ability to repay your creditors. If your schedules indicate cash is available monthly for creditors after your allowable expenses you could be converted into a chapter 13 case.

I'm curious how much debt you've accumulated and are wanting to discharge. Can you share that info?

[BikerChick]

My car payment is $195/month and I have been paying it for years.. car has been in my fathers name since the day it was bought.

I am hoping to discharing $34,000.. credit cards.. loans.. very dumb things that I made enormous mistakes on overspending. My salary is well below $30,000/year. Thank you everyone!

[backtoschool]

My car payment is $195/month and I have been paying it for years.. car has been in my fathers name since the day it was bought.

I am hoping to discharing $34,000.. credit cards.. loans.. very dumb things that I made enormous mistakes on overspending. My salary is well below $30,000/year. Thank you everyone!

I think your case is pretty straightforward. I would be prepared to show the history of payments on the car going back years, and please, don't do anything with the title prior to filing. (leave things exactly as they have been for the time you have been paying them).

[BikerChick]

Well my attorney said normally the trustee would contact them if they needed any follow up information if something looked a little off balance and they haven't heard a peep from her requesting any additional information on my specific case.. probably because it's not very complicated.. meaning that I don't own anything and my debt is not astronomical or hard to explain. And the attorney seemed to go along the lines of if she reviewed and saw something she would have let them know she wants additional info based on previous cases with her. So I guess no news is good news in a situation like this!

[AngelinaCatHub]

Yes, no news is good news. I can add no more than the others. Go by your lawyer's advice, you pay him to worry for you.

If you pay your parents the fair market value that they would have paid if they financed the car, you would be clear. It does not seem preferential, except for the parent part. You pay half the rent. However the other half is paid by BF. However, your contribution to the rent is a bill anyway as you have to live somewhere. If you pay for that much food between the two of you, let it be. Seems high to me as I'm sure BF also contributes. Again, no news is good news. 'Hub

341 on Friday the 13th? Good omen, you will fly right through.

[BikerChick]

Actually the boyfriend and I basically pay for everything ourselves. Until we are married then things will change! Until then. What I buy is mine. What he buys is his. Including most food because we have such different tastes!!

Ahhh Friday the 13th. Luckily one of my favorite days and numbers. Including my wedding date is next November 13, 2010. I just hope I can look back next November 13th and be thankful for how far I have come from one year ago. Fingers crossed.

[AngelinaCatHub]

Actually the boyfriend and I basically pay for everything ourselves. Until we are married then things will change! Until then. What I buy is mine. What he buys is his. Including most food because we have such different tastes!!

Ahhh Friday the 13th. Luckily one of my favorite days and numbers. Including my wedding date is next November 13, 2010. I just hope I can look back next November 13th and be thankful for how far I have come from one year ago. Fingers crossed.

HEY! I have a bright idea, move it up a year. What a great way to celebrate a smooth going 341. Cool. 'Hub

[BikerChick]

I know and maybe we can invite the trustee for some booze and cake.. or not! Kidding.

[AngelinaCatHub]

I know and maybe we can invite the trustee for some booze and cake.. or not! Kidding.

I suggest BEFORE the 341. 'Hub

[BikerChick]

The trustee here is a very young lady. I am not sure if that is a good or bad thing!!