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    private school tuition

    Sorry for long entry...but have been losing sleep over this one.

    Husband and I filed for Chapter 7 on Feb 3rd...awaiting 341 on March 22nd. We pay $570/month for private elementary school (daughter is Kindergartner). We chose school as it's full day kindergarten...and husband has significant medical/health involving chronic pain, making it difficult for him to care for her 5 days/week for more than half days. This option was actually cheaper than having my daughter have afterschool care at other location than public school).

    Spouse does not work. Is trying hard to make a personal computer business fly (since he can be in more charge of how much time he can work, and rest to balance pain issues.) Passed the means test using only using the $137.50 allowable for means test (did not include the $432.50 difference) with disposable income $87.

    If you compare our schedules I and J...we are in the negative $545. We did list the $570 in schedule J. We are now in position to choose whether we want to reregister daughter for fall. Enrollment is up as more and more families in this area are looking at private schools as public has more and more budget cuts. Am worried we'll lose her spot if we wait til 341 to see what trustee says. Our attorney says to go ahead and register her..that it shouldn't be a problem.

    We plan on cutting back in lots of other areas of our budget to be able to afford to send her there. She is benefitting greatly from low teacher / student ratio due to her vision issues (amblyopia)..also her class is learning material 1 year ahead of our public school Kinder. I've read lots of entries on this and there seems to be split as to whether private education would fly at 341 meeting. Any thoughts? Sigh...
    Last edited by lrprn; 02-26-2010, 09:35 PM. Reason: Added paragraphs to increase readability
    Filed Ch 7: 2/3/10
    341 Mtg: 3/22/10

    #2
    cgl, if your lawyer says it's ok to enroll her, go ahead. He is most familiar with what your trustee will accept and what won't be accepted.

    Worst case scenario, if your trustee would object and wins (and there's no guarantee of that), you can always deal with the situation at that time.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Originally posted by lrprn View Post
      cgl, if your lawyer says it's ok to enroll her, go ahead. He is most familiar with what your trustee will accept and what won't be accepted.

      Worst case scenario, if your trustee would object and wins (and there's no guarantee of that), you can always deal with the situation at that time.
      We have our oldest (12th grade) in private school and got our discharge no problem. The trustee asked what the payment was for - we said private school and he said ok and went onto the next thing.

      We also sent our youngest (6th) into public school and she is thriving and enjoying it much more than the private school
      Last edited by freshstartmi; 02-27-2010, 05:13 AM. Reason: additional information

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        #4
        Could you maybe get a quote for after-school care elsewhere to show the trustee that private school is comparable in price? I'd think that in itself would nip the problem in the bud. If you have to pay the expense either way, it shouldn't matter who the check is written out to, IMO.
        Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
        0% payback to unsecured creditors, 56 payments down, 4 to go....

        Comment


          #5
          It will depend upon the trustee. Some will allow private school, and some won't, especially if you are close to a chapter 13. If you lawyer says to enroll your daughter and that it will be approved then you probably have a trustee that will approve the expense.
          You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

          Comment


            #6
            Private school in bankruptcy really depends on the overall case, and the amount involved. Your right at the limit of what many courts will accept, about $500 per month, you start getting over that amount, and many courts will say no.

            It really just depends on the circumstances; if you were called before the judge and he asked; why should your creditors get nothing so you can send your kid to private school?, how would you explain it? The key to private school cases is whether you still actually qualify for chapter 7 notwithstanding the tuition, if yes, then you have nothing to worry about (here, I am talking about the means test).
            Last edited by HHM; 02-27-2010, 07:08 AM.

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              #7
              Our attorney said our trustees/judges are sympathetic towards private/catholic school. we have one in hs and ele and the total is 1300 a month. they did not think it would be a problem. i will not send ours to public school here, yikes! lucky to those who live in a great school district.

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                #8
                I listed my DDs private school tuition (it is $523/mo. for 9 mo. so I averaged it out over 12 months so it was $400 something on Sched. J) and it wasn't questioned. If it was, I was prepared to show that the after school care for the local public school was $590/mo. Where we live (Bay Area, CA) it is very common to have kids in private school.
                Filed Ch. 7 Pro Se: 12/11/08
                341 Meeting: 1/7/09
                Trustee's Report of No Distribution: 1/9/09
                Discharged: 3/10/09

                Comment


                  #9
                  private school tuition

                  [QUOTE=jennordhavn;386596]I listed my DDs private school tuition (it is $523/mo. for 9 mo. so I averaged it out over 12 months so it was $400 something on Sched. J) and it wasn't questioned. If it was, I was prepared to show that the after school care for the local public school was $590/mo. Where we live (Bay Area, CA) it is very common to have kids in private school.[/QUOTE

                  Somehow...I didn't think to average the $570 (10 month school year) over 12 months...which would bring our monthly to $475. Actually, just found out the school is raising its tuitiion to $590/mo (10 months)..so average monthly will now be $492.

                  But then I would need to also add amount of childcare for summer (as my spouse cannot take care of my daughter full time with his struggling business and his health issues). He works at home and can watch her 1/4 to 1/2 of the time.

                  Should I consider amending my forms now, or wait til 341 meeting? to reflect average amount? My husband want us to sign reregistration packet, I want to to wait til 341. The dilemma is that we sign contract w/the school that states we will owe them full amount of yearly tuition if we withdraw at any time during year.
                  Filed Ch 7: 2/3/10
                  341 Mtg: 3/22/10

                  Comment


                    #10
                    Once you've registered her, I wonder if that also counts as an executory contract you have to mention on Schedule G.

                    Comment


                      #11
                      Once you've registered her, I wonder if that also counts as an executory contract you have to mention on Schedule G

                      Anyone have any experience with Schedule G and tuition contracts?? Never even heard of schedule G...
                      more to worry about.
                      Filed Ch 7: 2/3/10
                      341 Mtg: 3/22/10

                      Comment


                        #12
                        [QUOTE=cjl;386604]
                        Originally posted by jennordhavn View Post
                        I listed my DDs private school tuition (it is $523/mo. for 9 mo. so I averaged it out over 12 months so it was $400 something on Sched. J) and it wasn't questioned. If it was, I was prepared to show that the after school care for the local public school was $590/mo. Where we live (Bay Area, CA) it is very common to have kids in private school.[/QUOTE

                        Somehow...I didn't think to average the $570 (10 month school year) over 12 months...which would bring our monthly to $475. Actually, just found out the school is raising its tuitiion to $590/mo (10 months)..so average monthly will now be $492.

                        But then I would need to also add amount of childcare for summer (as my spouse cannot take care of my daughter full time with his struggling business and his health issues). He works at home and can watch her 1/4 to 1/2 of the time.

                        Should I consider amending my forms now, or wait til 341 meeting? to reflect average amount? My husband want us to sign reregistration packet, I want to to wait til 341. The dilemma is that we sign contract w/the school that states we will owe them full amount of yearly tuition if we withdraw at any time during year.
                        Hmmm, I don't think it's necessary to average it, I was just trying to make it a more "reasonable" amount that wouldn't be questioned. I don't think you need to amend it. I used my childcare expenses in a different category (I think it was "Other", but I can't recall now). I also put the registration fee, field trip fees, school supplies, etc. in "Other".

                        As for signing the contract, I'm not sure how that would affect the BK. It may need to be listed in executory contracts (Sched G). I don't think I signed anything like that and I know her school would prorate the tuition if I had to pull her out mid-year.

                        Good luck.
                        Filed Ch. 7 Pro Se: 12/11/08
                        341 Meeting: 1/7/09
                        Trustee's Report of No Distribution: 1/9/09
                        Discharged: 3/10/09

                        Comment


                          #13
                          Originally posted by blncd1 View Post
                          Our attorney said our trustees/judges are sympathetic towards private/catholic school. we have one in hs and ele and the total is 1300 a month.
                          Wow! With tuition rates like that, no wonder so many folks here are filing BK! The Catholic high school I attended in 1977 cost only $700/yr.

                          Comment

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