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I noticed a couple of errors last night

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    I noticed a couple of errors last night

    I had my 341 this week and the trustee has reported he would like to be released from the case as it's a no asset case.

    I was looking over my paperwork last night and I saw a couple of mistakes on the paperwork. The means test has 220 for medical and from I read on the form this is supposed to be actual. My actual expenses are easily covered by the normal $60. I will have some medical expenses going forward, but that should be on J and not the means test as I understand it. The test also had me short on my car payment. If it was corrected I would still pass.

    On the schedule J I think she over projected my medical and again under cut my car payment. Again if the corrections were made I believe I'm still ok.

    I'm the type of person that likes to do the right thing. Should I have my attorney amend the paperwork or not worry about it since the outcome should be the same?

    Attorney sent me letter today stating going forward she has to charge me $400 per hour for anything including reading emails.

    Thanks...

    #2
    The Means Test is not actual. It's a "mechanical" test based on mostly fixed expense values. It's Schedule I&J that is actual. I think you're okay.
    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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      #3
      Do nothing. Trust your attorney. The Trustee has seen it all, a hundred times, believe me. If the Trustee saw something that was even a little "sideways", you would have known about it, loud and clear. Changing numbers around for the sake of accuracy, after the Trustee has stated that there is nothing he/she is interested in, will only waste your time and money, your attorney's time, and the Trustee's time.

      None of those sound very good to me. Let sleeping dogs lie.

      Comment


        #4
        The Means Test gives you $60 per person for medical, which amounts to $180 in my case. She also listed a additional $220. In reality I have paid virtually nothing for medical. Granted if I had more money, I would be going to the doctor more often, but still not $400 worth of expenses. I realize this will probably not be challenged, but I still feel like I'm committing fraud.

        Then again I was shorted on my car expenses and now I'm going through a legal separation and will have to pay $600 per month spousal support, so bottom line I would qualify. I just have a bad taste in my mouth and wish I would have had more time to look over the paperwork.

        Originally posted by justbroke View Post
        The Means Test is not actual. It's a "mechanical" test based on mostly fixed expense values. It's Schedule I&J that is actual. I think you're okay.

        Comment


          #5
          I too think that you are okay, and that you are over-worrying. As JB said, the Means Test is not actual. it is a broad guideline, and the figures put into it are usually round figures not actual numbers. What may be 'underestimated' in some categories, are 'overestimated' in other categories and it all evens out.

          As another example, when we filed, both 'Hub and I had had a couple of accidents, mine in August, his in November, and we filed in December. All of the medical paperwork had not yet finished going through the system, so we had no idea what any of our totals would end up being. The attorney had us put down $1.00 as a 'place-holder', and everyone--trustee included--understood that it was a placeholder, and everything was fine.

          Good luck to you!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


            #6
            Like others said...I would leave this one alone, especially since the Trustee has already requested to be removed from your case....if you amend the paperwork that might raise eyebrows (even though your changes would be accurate)....

            My figures weren't 100% accurate, it's not possible like AngelinaCat said..some where under and some were over...

            Like btbeme said..."Let sleeping dogs lie..."
            Chapter 7 Filed: 04/21/2011, 341 Meeting: 05/31/2011, Report of No Distrubution: 06/02/2011, Discharged: 08/03/2011, Closed: 08/10/11

            Comment


              #7
              I was discharged, though I still feel guilty not fixing the errors. $400 for medical is a lot and I don't have anywhere near this. Of course I'm going through a divorce and now I have to pay $600 for spousal support, so I guess in the end it works out. I appreciate the advice, you guys are a good group of people.

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