Chatper 7 but DMI is high....

[jwdad]

WE filed a chapter 7 last week and my attorney says our DMI is around 1200/mo and has concerns that may be an issue with the trustee. We are below the median income but the DMI from schedules I and J are throwing a monkey wrench into this. I am lost. I can not afford to hand over $1200 a month to the trustee. Will they ask for all that? My attorney is swamped and having hard time getting back with me. FYI. I live in Southern Indiana.

[good2free]

Is it negative 1200 or positive 1200. If you have 1200 left at the end of the month, they will force you into CH13. I am sure you may over looked lot of items in Schedule J. I think you should post more details regarding your income,expenses so that the BK gurus here can jump in and help you out.

Just my 0.02cents.

[jwdad]

It is 1200 positive. Not sure how would work on a 13. I pass the means test and what puts us over on the Schedule J is the money we get for post adoption subsidy which is soc sec funded but must be included. sigh....I am certain they found all they could on the schedule J.

[berrymom35]

Really think about your expenses...we were a little high and added monthly haircuts..which were $85 per month and other things that we first did not include. We were plus 500 and ended up in the negative by $20....go through all your expenses...include pet care...do they go to the groomers, oil changes, extermination fees....anytihng you pay for routinely should be included. Good luck!

[good2free]

It is 1200 positive. Not sure how would work on a 13. I pass the means test and what puts us over on the Schedule J is the money we get for post adoption subsidy which is soc sec funded but must be included. sigh....I am certain they found all they could on the schedule J.

Post your expenses here. Otherwise no one knows how to help you. Read all the posts regarding Schedule J and you will get an idea. You should be the one that needs to put in the info not "THEY"

[eventsdj]

We were $1200 over as well, but realized a lot that had yet to be deducted. Exercize classes, lunch money, haircuts, vet visits, there is a lot you don't realize.
A big chunk of ours was extra income earned in the 6 month lookback, that we no longer make due to season, so lawyer but a big zero through that.

[jwdad]

Here is the stats from my schedule J

light bills 200
water & sewer 120
telephone, cable, broadband 150
cell phone 135
trash 25
home maint & repairs 150 (have spent 6800 this year)
food 600
clothing 150
laundry misc 50
medical & dental 350 (have spent quite a bit this year but used HSA account on most)
transportation 300
recreation 100
charities 50
insurances 422
car 424
van 318
other: heloc my mom took out but can prove I pay 251
other: dell pc my mom bought but I pay for it 25
************************************************** ***********

forgot to add to it babysitter 160/mo
property taxes 450/yr (45/mo)
property assoc fees (480/yr 40/mo)

anybody got any other suggestions

net income 6439.64 from schedule I

I wanted to add this info as I am talkng to others as well but wanted to keep the forum updated also. FYI..we have to update our papers as atty already filed this but due to computer error wrong income was submitted. things just happen.

[Skipper]

Here is the stats from my schedule J

light bills 200
water & sewer 120
telephone, cable, broadband 150
cell phone 135
trash 25
home maint & repairs 150 (have spent 6800 this year)
food 600
clothing 150
laundry misc 50
medical & dental 350 (have spent quite a bit this year but used HSA account on most)
transportation 300
recreation 100
charities 50
insurances 422
car 424
van 318
other: heloc my mom took out but can prove I pay 251
other: dell pc my mom bought but I pay for it 25
************************************************** ***********

forgot to add to it babysitter 160/mo
property taxes 450/yr (45/mo)
property assoc fees (480/yr 40/mo)

anybody got any other suggestions

net income 6439.64 from schedule I

I wanted to add this info as I am talkng to others as well but wanted to keep the forum updated also. FYI..we have to update our papers as atty already filed this but due to computer error wrong income was submitted. things just happen.

Church?

Maybe increase the entertainment some?

Definitely add something for auto repair/regular service.

Skipper

[justbroke]

As I wrote in another thread... it's difficult for a near, but under-the-median income filer to pass the "disposable income" test without a mortgage. Yes, there are under-the-median filers who are denied a discharge under Chapter 7.

You'll just have to see if the Trustee is in a good mood or not. Technically, with your numbers, you just don't have the expenses to get your disposable income down within the range it needs to be.

You have home maintenance costs, but I see no actual "home" or "rent" on your list of expenses. This is usually your largest expense and it should stand out.

Depending on the mood of the Trustee... your Mom's HELOC is not your responsibility, and your Mom's Dell account is not your responsibility.

[jwdad]

2000 of our income comes from TITLE-IV funds for post adoption subsidy and that surplus is for the extra needs of the kids for the future. I hope the trustee sees that as off limits. but just not sure.

[jwdad]

My wife also exhausts her Unemployment benefits 7 days after our 341 meeting. She might get that extension but it is based on income and that is half what the original claims is based on if not less than that. Sad part is that we will have to convert to a 7 if we are forced into a 13 once her benefits are gone and no job is found. Our attorney noted that in item 17 of schedule I.

[good2free]

Do you live with your parents? What about the mortgage payment?

I think the transportation can be little high. Add in your maintenance,tires,breaks,clean ups, tire rotation,vipers and gas.
I think 300 for 2 cars is kind of low.
I think you mad add some more in charities. Do you donate any thing at the end of the year?

How many people in the family? Food can be a bit high if your family size is 4.

[Amy26]

I had 600 a month in food for just 2 people and it was fine. I would think a family would spend more than that.

[jwdad]

my mortgage payments are 1050 for the 1st and second combined.

[good2free]

my mortgage payments are 1050 for the 1st and second combined.

Who is the owner of the house?