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    #16
    Hi Everyone: Thanks for all of the help.

    My youngest is ADHD and we signed her up for Girl Scouts 2 years ago (per the recommendation of her ADHD special doctor, who we can no longer afford) I'm so pleased at how this has improved her social skills and her ability to think before she reacts.

    Our insurance only paid for 5 visits per year and our child really needed bi-weekly appointments to the tune of $40 a visit for us after the 5 insurance covered visits.

    Can I put a line item for girl scouts (since we had to pick one that was very active to have a good effect on child). All of the recreation money I have listed is for GS )girl scouts?
    Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

    Comment


      #17
      I would leave girl scouts in recreation. It has social education value, but it is still a form of entertainment. It is less likely to be questioned in the generic heading, than if you get too specific. Plus 'clubs' is listed under recreation on the actual form.

      I am wondering if you are using the IRS allowed deductions for most of your expenses or if you are using your actual costs? The means test is where the irs guidelines come into play. Your schedule J should be your actual monthly cost in most categories.

      Additional thoughts:

      401 K Contribution (monthly) 332.62 Likely to be questioned

      Medical FSA Contribution 58.32 and Medical & Dental Expenses 300 (type 1 diabetic child
      Normally your irs allowed medical expenses would max out at 300/mo minus your FSA for a family of 5. With a diabetic child you can use your actual expenses if they go over. Easy to explain.

      B of A Home Equity Payment 360
      Will you be reaffirming your equity loan?

      Housekeeping Supplies 125
      Seems high to me, but I could be wrong. Can you explain if trustee questions it?

      Personal Care Products & Services** 115
      Seems high to me, but I could be wrong. Can you explain if trustee questions it?

      Transporation - Operating Costs 588 (2 cars)
      License Plate / DL Renewal - Jan & July ($280 yr) 23
      AAA Yearly Dues 14
      Old or High Mileage Car Allowance 200
      All of the above will be added together under one line: transportation costs on your Schedule J. Maintenance, licensing, gas, oil, repairs and registration are transportation costs. Use your actual costs.

      Recreation, GS, Newspapers, & Misc. 90
      Birthday's and Christmas 40
      Sounds reasonable, sounds less than actual, but could be questioned if you get an overzealous trustee. I was told by several on here to keep them as one category "Recreation" and not to go over 100.


      Just my thoughts
      Cheers!
      Sunk
      Last edited by SunkShip; 10-09-2010, 06:34 AM.
      Filed 8/31/10
      341 Hearing 10/5/10

      Hopefully No Asset Ch 7

      Comment


        #18
        I have a type 1 diabetic child and an adhd child both requiring extensive medical needs. I used the IRS standards vs actual since I don't have receipts for many of the medical stuff since Hubby was taking care of it (he is unemployed) and using the cash I took out for him to pay and forgetting to get receipts.

        Originally posted by SunkShip View Post
        I would leave girl scouts in recreation. It has social education value, but it is still a form of entertainment. It is less likely to be questioned in the generic heading, than if you get too specific.

        I am wondering if you are using the IRS allowed deductions for most of your expenses or if you are using your actual costs? The means test is where the irs guidelines come into play. Your schedule J should be your actual monthly cost in most categories.

        My understanding: It is ok to use irs guideline on medical out of pocket costs,even if you think you spend a little less. It is ok to go over irs if you know you spend more.

        It is not ok to use irs allowed housing costs if you really pay less. Again, it is ok to go over if you can prove it and it is not excessively over.

        Cheers!
        Sunk
        Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

        Comment


          #19
          Apparel & Services 310 ....that one is a big ?


          we had $400 on our food and it was mistaken by the trustee on apparel and they had a heart attack....what is services?????

          we put 0 fpr apparel...and after reading the PP's i'm seeing everyone has a different amount??
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment


            #20
            For clothes for our family of 5, I have been spending $200 per month, I have spent $1000 for back to school shopping as everyone grew up at least one size from last year. Now I have to buy boots and winter jackets

            Originally posted by tobee43 View Post
            Apparel & Services 310 ....that one is a big ?


            we had $400 on our food and it was mistaken by the trustee on apparel and they had a heart attack....what is services?????

            we put 0 fpr apparel...and after reading the PP's i'm seeing everyone has a different amount??
            Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

            Comment


              #21
              I think 401K contributions depend on the district. Your attorney will know what the local trustees allow or don't allow. They allowed for a 401K loan payback on our Schedule J. But because we were over median, my attorney did not want to put anything about 401K contributions down because it could be seen as something voluntary. We went through without a hitch.
              Filed Chapter 7: 7/3/09
              341 Hearing: 8/6/09 - Went Smoothly!
              Discharged: 11/30/2009
              Closed: 12/16/2009

              Comment


                #22
                Originally posted by Fallonedward View Post
                For clothes for our family of 5, I have been spending $200 per month, I have spent $1000 for back to school shopping as everyone grew up at least one size from last year. Now I have to buy boots and winter jackets
                LOL!!! well...we went naked??? LOL!!!

                my daughter i swear to you.... we have had to help with her with our grand daughter 2 times in the last month she went up 2 sizes in shoes...so i totally understand.

                and a pair of boots are at least 30 dollars even in walmart. i don't know what they expect really!
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                Comment


                  #23
                  I put 300 for clothing for a family of 6. I believe that was the irs allowed. I was careful to not go over allowed in some categories because even though I think we spend more I do not have a year of receipts to prove it all. I wanted to avoid any questioning of my expenses, I am enough of a nervous wreck without any high numbers.
                  Filed 8/31/10
                  341 Hearing 10/5/10

                  Hopefully No Asset Ch 7

                  Comment


                    #24
                    License plate renewal, along with upkeep of a car and AAA membership, falls under the car maintenance category. You have over $788 listed for car maintenance (includes the old car high mileage allowance), you may not be able to claim all of that. If your 401K is optional, it will not be allowed. Mine wasn't. It doesn't matter if your company has a pension plan or not. The Trustee isn't concerned about your retirement. Housekeeping supplies may be on the high side, but food costs seem a little low for a family of 5. As for the medical costs, you may need to provide proof of that. The cell phone is high and all of it may not be allowed.

                    UI is going to count towards the means test, even if it is exempt from garnishment for debt collection purposes. The child support I receive, even though exempt, had to be included in the means test. You may not have an issue given the negative number at the end with the adjustments.

                    But you are going to have to figure out how to lower your expenses so that you can survive without credit or filing bankruptcy is pointless.

                    Comment


                      #25
                      Originally posted by helpmeout View Post
                      License plate renewal, along with upkeep of a car and AAA membership, falls under the car maintenance category. You have over $788 listed for car maintenance (includes the old car high mileage allowance), you may not be able to claim all of that. If your 401K is optional, it will not be allowed. Mine wasn't. It doesn't matter if your company has a pension plan or not. The Trustee isn't concerned about your retirement. Housekeeping supplies may be on the high side, but food costs seem a little low for a family of 5. As for the medical costs, you may need to provide proof of that. The cell phone is high and all of it may not be allowed.

                      UI is going to count towards the means test, even if it is exempt from garnishment for debt collection purposes. The child support I receive, even though exempt, had to be included in the means test. You may not have an issue given the negative number at the end with the adjustments.

                      But you are going to have to figure out how to lower your expenses so that you can survive without credit or filing bankruptcy is pointless.
                      helpmeout..you have to check on the UI...in this district it was protected under the ss act....but and let's just confuse everyone more...in the NEXT country over it was NOT!
                      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                      Comment


                        #26
                        Originally posted by Fallonedward View Post
                        I have a type 1 diabetic child and an adhd child both requiring extensive medical needs. I used the IRS standards vs actual since I don't have receipts for many of the medical stuff since Hubby was taking care of it (he is unemployed) and using the cash I took out for him to pay and forgetting to get receipts.

                        You can contact the doctors and get receipts. Or print out EOB's from your insurance, it will have your portion on it.

                        Comment


                          #27
                          Originally posted by tobee43 View Post
                          helpmeout..you have to check on the UI...in this district it was protected under the ss act....but and let's just confuse everyone more...in the NEXT country over it was NOT!
                          The child support I recieve is protected for the same reason. The creditors simply would not be able to garnish it, ever. It still had to be included on my means test.

                          The only thing that can be garnished from UI is child support, the creditors can't touch it. Just because it is protected doesn't mean that it is exempt from being included in the means test. A qualified attorney in the OP's area will be able to give a better answer. But given that the OP mentioned FIGHTING to have it not included in the means test, chances are it will be included in the means test.

                          But given the expenses, it probably won't matter one way or the other.

                          Comment


                            #28
                            Originally posted by helpmeout View Post
                            The child support I recieve is protected for the same reason. The creditors simply would not be able to garnish it, ever. It still had to be included on my means test.

                            The only thing that can be garnished from UI is child support, the creditors can't touch it. Just because it is protected doesn't mean that it is exempt from being included in the means test. A qualified attorney in the OP's area will be able to give a better answer. But given that the OP mentioned FIGHTING to have it not included in the means test, chances are it will be included in the means test.

                            But given the expenses, it probably won't matter one way or the other.
                            yes, i agree there.

                            actually, we were questioned on one of our expenses.....it was FOOD......they said i put to LITTLE an amount in the food colum.... go figure???? here we are worried about everything else and i guess the court didn't think we EAT enough?? you have to just laugh about it because it's so silly.
                            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                            Comment


                              #29
                              I have 6 boxes of receipts, I am the receipt queen. Hubby not so much but I will call the doc's office and get receipts. I had to buy one kids shoes on one pay check and the next kids on the one that came 15 days later. Her shoes did not fit and one size too small, so I had to keep her home from school for a few days till the paycheck came.

                              Originally posted by tobee43 View Post
                              LOL!!! well...we went naked??? LOL!!!

                              my daughter i swear to you.... we have had to help with her with our grand daughter 2 times in the last month she went up 2 sizes in shoes...so i totally understand.

                              and a pair of boots are at least 30 dollars even in walmart. i don't know what they expect really!
                              Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                              Comment


                                #30
                                Here are the expenses I think will be questioned:

                                1. Your 401k expense. Many districts do not allow this even though there have been rulings in favor of allowing it.

                                2. Most districts do not allow the $200 old car allowance any more.

                                Everything else looks fine to me. I would have receipts for the diabetes expenses, but they should not be questioned. One other thing to note, UI is counted as income in many districts.
                                You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                                Comment

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