Could you critique my Schedules I & J?

[mb10240]

I've just finished a draft schedules I and J for myself and would love to hear your comments and suggestions... Schedule I should be fine, so concentrate on J! If a line number isn't listed, then it's "0".

Keep in mind, Spouse is not filing.

Schedule I:
1. Monthly gross income: Myself: 0, Spouse: 4250.00
3. Subtotal: Me: 0, Spouse: 4250.00
4a. Less payroll taxes and SS: Spouse: 937.02
4b. Insurance: Spouse: 83.68
4d. Other - Supplemental Life Insurance for Debtor: Spouse: 5.63
5. Subtotal on Payroll Deductions: Spouse: 1026.33
6. Total Net Monthly Take Home Pay: Spouse $3223.67

16. Combined Average Monthly Income: $3223.67

Schedule J:
Debtor's:
2c. Telephone: 58.00 (this includes DSL)
3d. Other utilities: Cell phone service: 75.00
Television service w/ DirecTV: 83.67
Trash collection: 15.72
Total Other Utilities: 174.39

3. Home maintenance: $0.00
4. Food: $250
5. Clothing: $30.00
6. Laundry & dry cleaning: $15.00
7. Medical & dental expenses: $25.00
8. Transportation: $42.50
9. Recreation: $50
10. Charitable donations: $0
11c. Health insurance: $140
11d. Auto insurance: $52.50
13a. Auto payment: $289.19
17. Other expenses:
Monthly haircut - 20.00
Continuing Legal Education - 105.00
Missouri Bar dues (due yearly, divided total by 12): 17.00
Pet care (for my animals): 50.00
Local bar association dues: $6.67
Total Other: $198.67
Average monthly expenses: $1325.25

Non-Filing Spouse:
1. Rent/Mortgage: $758.04 (taxes & property ins. included)
2a. Electricity: $150.00
2b. Water / sewer: $30.00
2d. Other: Cell Phone Service: $63.00
3. Home maintenance: $160
4. Food: $250
5. Clothing: $30.00
6. Laundry & dry cleaning: $20
7. Medical / dental: $25
8. Transportation: $127.50
9. Recreation: $50
10. Charitable contributions: $75.00
11d. Auto insurance: $35.83
17. Other expenses:
HOA dues: $2
Pet care (for spouse's pets): $50.00
Hair cut & waxing: $75.00
Total: $127
Average Monthly Expenses: $1901.37

Best Case shows a Monthly Income of $3223.67, monthly expense of $3226.62.

Mods: feel free to move this into the Pro Se / Pro Per forum if you feel it to be more relevant.

[backtoschool]

Only possible issue I see is the charitable contribution. Do you both have a documented history of tithing? You will need proof that you have contributed $75 a month to charity for the last several years. That isn't enough to kick you into a chap 13 though, even if removed, so I think the US trustee won't care about it.

If the trustee pushes back on the continuing legal education and the charitable expenses, you would get close to being in the range for a chap 13. Do you have other insurance expenses or other non-optional expenses such as fuel, medical (including over the counter items, glasses, etc), dues and fees, that could replace the legal education and the charitable contributions? I think you will be able to find other legitimate expenses to replace those and be fine.

[mb10240]

Only possible issue I see is the charitable contribution. Do you both have a documented history of tithing?

We donate mostly at church, so that's generally cash -- there is the occasional check or too. My wife donates to the local Humane Society whenever she can, and those donations are documented (but that's not the majority of the $75/mo.)

If the trustee pushes back on the continuing legal education and the charitable expenses, you would get close to being in the range for a chap 13. Do you have other insurance expenses or other non-optional expenses such as fuel, medical (including over the counter items, glasses, etc), dues and fees, that could replace the legal education and the charitable contributions? I think you will be able to find other legitimate expenses to replace those and be fine.

I would really hope the trustee wouldn't push back on CLEs -- they're required to maintain my license (and hopefully future livelihood as an attorney once the legal services market improves). Granted, the trustee could argue that I could just suspend my law license until I find employment, and perhaps suggest that if I find employment, bigger firms pay for CLEs. These buggers are expensive - generally anywhere from $80-300 for a 2 hour course, and you need 14 hours a year!

[backtoschool]

We donate mostly at church, so that's generally cash -- there is the occasional check or too. My wife donates to the local Humane Society whenever she can, and those donations are documented (but that's not the majority of the $75/mo.)



I would really hope the trustee wouldn't push back on CLEs -- they're required to maintain my license (and hopefully future livelihood as an attorney once the legal services market improves). Granted, the trustee could argue that I could just suspend my law license until I find employment, and perhaps suggest that if I find employment, bigger firms pay for CLEs. These buggers are expensive - generally anywhere from $80-300 for a 2 hour course, and you need 14 hours a year!

I am sure you can come up with another $180 a month or so of medical, insurance, license and fee expenses. It would be safer and easier to use those type of expenses rather than the controversial ones.

[mb10240]

I am sure you can come up with another $180 a month or so of medical, insurance, license and fee expenses. It would be safer and easier to use those type of expenses rather than the controversial ones.

I think I might be able to up the food & clothing expenses a bit -- we're still under the IRS allowance of $699 that was used for the means test for food & clothing. I can probably find some documentation for spending up to that amount in food & clothing for at least one month...

Do any of my other expenses look "excessive" ?

[ccsjoe]

mrbrown,

I think you're looking good here except for two items. Let me first say that although I agree with my fellow bankruptee B2S, I would be hard pressed to think the trustee would object to CLE expenses. See, being in the financial field, that would be like the trustee objecting to my CE expenses required to maintain my licenses, so I think you're ok there. What I think might be one of two issues are your charitable contributions since they are mostly cash and thus not documented via paper trails. The saving grace, no pun intended, is the amount is relatively low and may not even bleep the radar. My second, and much larger concern, is incidentally on your Schedule I. What kind of a tax refund are you expecting? You're saying you have 4250 take gross monthly, with tax deductible mortgage interest, and yet are witholding to the tune of almost 1K/month. To me that screams refund. Let's presume 40% of that is for SS & Medicare. Still leaves well over 7K witheld which unless you're not disclosing something, you will not owe.

As far as replacement expenses for J, take your vehicle registration fee (annual), divide it by 12. Do same with any other memberships, etc.

[mb10240]

My second, and much larger concern, is incidentally on your Schedule I. What kind of a tax refund are you expecting? You're saying you have 4250 take gross monthly, with tax deductible mortgage interest, and yet are witholding to the tune of almost 1K/month. To me that screams refund. Let's presume 40% of that is for SS & Medicare. Still leaves well over 7K witheld which unless you're not disclosing something, you will not owe..

Last year, we received around a $2K refund from the feds, but a majority of that was due to deductible education expenses, which we will not have this year... our state refund was piddly. My wife's payroll tax deductions breaks down like this: $453.29 withheld, $60.41 Medicare, $258.32 Soc. Sec., $165 state withholding.

I'm pretty much content in the fact that we might lose the tax refund for this tax year, but this shouldn't cause my petition to get dismissed, should it?

[ccsjoe]

No sir, it will not get your case dismissed, but it may turn your case into an asset case. Obviously, being as close as you are on your DMI, stopping the witholding to bring you more in line with $0 refund would easily push you into a 13, so no go there. Just be aware that you may become an asset case due to your anticipated refund.

I can see bumping you food and medical expenses a bit, as well as what I previously mentioned regarding vehcile licensing & registration fees, Costco or Sam's club memberships, AAA membership, etc. Also, do you not have personal care expenses? I see haircuts, etc only under the non-filing spouse's expenses.

[mb10240]

Adding money for vehicle licensing & registration fees to the transportation costs, which was originally just gasoline & periodic maintenance.
Adding a personal care expense for both me and my wife. Would "birth control" be an acceptable expense? I would think that if you're broke, you don't want to bring a child into the world!

Up'd my wife's recreation & entertainment expense from $50 to $75 -- she travels regularly to visit family.

[tobee43]

3. Home maintenance: $0.00

really...what if the roof falls in...(may i eat my words with skunk smell...).....but it's ok to have some maintenance even to bank for future problems that may come up.

[ccsjoe]

Adding a personal care expense for both me and my wife. Would "birth control" be an acceptable expense? I would think that if you're broke, you don't want to bring a child into the world!

Let's just not provide a breakdown, shall we? Don't think the trustee will want that much info.

[mb10240]

3. Home maintenance: $0.00

really...what if the roof falls in...(may i eat my words with skunk smell...).....but it's ok to have some maintenance even to bank for future problems that may come up.

Hahahaha! Actually, I put "Home maintenance" on my wife's Schedule, since she owns the house. I figured it'd make more sense than me paying to maintain a house that I have no ownership interest in...

[tobee43]

Let's just not provide a breakdown, shall we? Don't think the trustee will want that much info.

LOL!!! if that's a new category...i could have really added some pretty good things... I DID NOT SAY THAT OR TYPE IT....and i haven't even had any grey goose yet!

but joe you are sooooooo funny, i can't take it.

[ccsjoe]

Hahahaha! Actually, I put "Home maintenance" on my wife's Schedule, since she owns the house. I figured it'd make more sense than me paying to maintain a house that I have no ownership interest in...

Agree with this one, should be on her schedule.

[tobee43]

Hahahaha! Actually, I put "Home maintenance" on my wife's Schedule, since she owns the house. I figured it'd make more sense than me paying to maintain a house that I have no ownership interest in...

ok...that works....i'm still having this hard time about todays marriages...

see in my day...it was what's mine is MINE and what's HIS is MINE....so...now that he has nothing...i guess he's still MINE....including the home maintenance....so...i guess nowadays it's not an alltogether type of situation...HIS is HIS and HER's is HER's...ok...then i better tell both my KIDS!