What are allowable expenses categorized as "other" on line 17 of B6J, aka Schedule J - Current expenditures of individual debtors?
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Line 17 of Schedule J
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Our attorney put HOA, pet expenses, personal care products and misc monthly expenses on that line.Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
"One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."
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That's too hard to quantify. It truly is other expenses that you have. Whether they are allowed or not in your District is even more difficult to quantify. Generally, you put anything here that is not categorized on another line of Schedule J.
For example, personal care (haircuts, etc) are not categorized anywhere else. You could put it here. Whether the Trustee in your District will accept that and the amount you spend, is an exercise for your specific Trustee and District.
This could be anything like support provided by elderly/aging parents, support to a child in college (that you didn't count in your household size), personal care, periodical subscriptions, professional certifications/memberships, etc. Whether they are allowed, is another story.
If you're trying to use this category just to "pad" your expenses so that you fit into a Chapter 7... beware. If you're over the median income, the UST almost certainly will attack things in that "Other" category.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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I ended up with I think $280 in "other", which, while I was surprised at how high it was, it was everything I couldn't see easily fit onto the other lines from the household budget we already live to. I have annual subscriptions for professional memberships (just paid over $200 for one a few weeks ago), online access to journal papers, etc., I need to buy professional textbooks (about $60 each, why 'books' is a large line item in our assets), there's personal care, we go through a good amount of stationery, stamps (just sent my timesheets out today to our office for billing), etc., there's the babysitter to pay, etc. For instance, since we moved house I need to order new checks with our new address, telephone number on them, which I guess only comes out of `Other'. At least, unless the other categories are broader than I'd thought.
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Originally posted by justbroke View PostThat's too hard to quantify. It truly is other expenses that you have. Whether they are allowed or not in your District is even more difficult to quantify. Generally, you put anything here that is not categorized on another line of Schedule J.
For example, personal care (haircuts, etc) are not categorized anywhere else. You could put it here. Whether the Trustee in your District will accept that and the amount you spend, is an exercise for your specific Trustee and District.
This could be anything like support provided by elderly/aging parents, support to a child in college (that you didn't count in your household size), personal care, periodical subscriptions, professional certifications/memberships, etc. Whether they are allowed, is another story.
If you're trying to use this category just to "pad" your expenses so that you fit into a Chapter 7... beware. If you're over the median income, the UST almost certainly will attack things in that "Other" category.
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Originally posted by mysticspirit25 View PostWell, I have a family friend filing CH7, she makes 76k/yr and median is 84k, so she is under, problem is, she is in the positive by $175 on Sch J. (not including her credit card payments, which I know are not allowed, but they are 1700/mo min pmts alone) Need to make that negative, no need for a 13. She supports 2 kids and is single mother, works 3 jobs just to make ends meet, and with the cc companies ratejacking her lately for no reason, she just gave up.
That would fix schedule J and give her more time to spend with her children.Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
"One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."
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Originally posted by mtbc View PostThis income/expenses stuff is annoying in penalizing people who have already been taking steps to get their financial house back into order!
However, I will say that taking steps to get your financial house back in order by not paying back your creditors is not really getting your financial house in order. There are really only three ways to do so. First, pay them all back (via lump sum or some other negotiated settlement). Second, file Chapter 7 and discharge the debt immediately. Third, file Chapter 13 and potentially pay back some or all of the debt. Those who choose to stop paying and just wait and see, will probably fair the worst.
I don't understand why a number of people believe that they are entitled to immediate relief under Chapter 7. Usually it's that they don't want to be on a budget (imposed by a Chapter 13). I agree with others here on the board that a Chapter 13 should never last 5 years. It should be 36 months (3 years) or less, like it was pre-BAPCPA. Also, pre-BAPCPA, the allowed expenses were much more liberal!Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Originally posted by LimpDisc View PostWhat about quiting one of the jobs?
That would fix schedule J and give her more time to spend with her children.
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Originally posted by mysticspirit25 View PostShe is trying to earn money to put her kids through school so they arent in debt like she is. She just picked up the 3rd job not too long ago, and she won't be able to file until Mar due to a $1000 cash advance taken a few months ago, but she cut up all the cards and after Citi and Chase ratejacked her to almost 30% she said screw it, $1700/mo on min pmts is not good. They wouldnt negotiate, so she said the hell with it and threw the cards away. Had the banks let her keep the good interest rate, I doubt she would have considered bk, but they didnt care. No reason either, her ficos are in high 700's but she doesnt care about her credit anymore, her objective is to quit a job to spend more time at home. Good thing she has 300k in 401k.
How long ago was the cash advance? I think it only needs to age 90 days.Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
"One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."
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Worst case scenario she pays back the 1000...she really should file the sooner the better. Does she have pets? Does she have to pay for school lunches/band uniforms/sports supplies for her children? Does she drive excessive mileage to get to her 3 jobs? Does she pay for bug spray service, alarm system, can she go and buy some life insurance/aflac etc etc...There are many things that you really should have and that are allowed under a Ch 7.
Remember the budget is a PROJECTED budget.7-2-2009 Filed
8-28-09 341 Concluded, no assets
10-28-09 DISCHARGED/CLOSED!!!!
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Originally posted by LimpDisc View PostIs she still paying the CC's?
How long ago was the cash advance? I think it only needs to age 90 days.
Is it ok to buy a car knowing she will be filing BK in the next few months? She intends to keep the car, but the atty she consulted with said it was ok to buy a car. It also gives her a much needed expense on Sch. J.
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Sounds like she's getting great advice.
Our attorney gave us the same advice about a newer vehicle. Not looking to defraud anyone by buying a secured asset. We had to buy the newer car to pass the means test and increase our expenses on schedule J.Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
"One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."
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Originally posted by LimpDisc View PostSounds like she's getting great advice.
Our attorney gave us the same advice about a newer vehicle. Not looking to defraud anyone by buying a secured asset. We had to buy the newer car to pass the means test and increase our expenses on schedule J.Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7
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