Just curious...if you are VERY close to the median income does this cause the trustee to give you additional scrutiny? Would the trustee try to push me into a chapter 13? Would they first look at my expenses and see that it wouldn't work before making me go through the hassle or re-filing?
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Last edited by lalap123; 01-06-2010, 01:44 PM. -
Like so many things, it depends.
As long as your expenses fall within district-accepted ranges and are all allowable expenses, you would be okay.
Some trustees look further "under the hood" than others. Some districts are more stringent. It should not be this way, since a federal law should (my opinion) be uniformly applied.
But, my opinion means nothing of course.
Some districts DO look closely at most cases near the median for the exact reasons you are concerned about. You may want to get on Pacer and look at some 13's that started life as a CH 7 filing in your district. I haven't used Pacer so cannot suggest if or how to find them.
Good luck,
-dmc11-20-09-- Filed Chapter 7
12-23-09-- 341 Meeting-Early Christmas Gift?
3-9-10--Discharged -
If you're close they are going to look at your DMI every month. If they think you have enough to pay towards your debts then it might be a problem.4/09 Converted to a Ch 7 due to loss in dh's income
5/09 UST now involved no idea what happens next
7/09 UST has decided to withdraw his motion to dismiss!
7/27/09 DISCHARGED!!!
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It depends, but the best advice I can give is find the best BK only attorney in your area. i'm over the median, but have high, justafiable expenses. My att said it's his job to make my expenses fit the template that keeps the UST happy. When I asked if he ever has to go up against a UST objection, he said no, they give my cases a pass because every single time they have gone up against him he wins and they dont like the embarassment. Now my Att is more expensive than others, but a few extra $$ is worth the peace of mindStopped 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-7Comment
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Depends on where you are at. We were over the means but that is the job of your attorney to make your expenses as legit as possible with you qualifying for ch7. We were also close on the income/espenses but nothing was questioned.Filed Jan 23rd, 2009
341 meeting--February 24th--Went smooth
:yahoo::yahoo:
Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::Comment
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I'm with Albacore here, it all depends...Get the best attorney possible (one that is familiar with you local Trustee(s) decisions) and be prepared as possible. Albacore and I used the same attorney (I'm discharged already) and we are both over the median for our area but we both have justafiable excessive expenses. Our attorney knew what the Trustee and UST would be looking for (in my case, the UST never looked into our case
). At my 341 I saw lots of attorneys (and "stand-in attorneys) not prepared, so the Trustee rescheduled their cases.
Good Luck!May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!!
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I fell into that VERY close to the median category. Plus, the majority of my real expenses were below local standards. In my situation, I was making futile attempts at living below my means (in many instances, evidencing self-neglect). Regardless, I was ultra-concerned with the notion of being pushed into a C13. I had a confident and knowledgable attorney who kindly laughed at my fears. I was successfully discharged a few days ago.
The Trustee isn't going to exclusively look at local median income; your schedules have significant value.*Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010
Hakuna Matata...it means NO WORRIES!
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