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If I passed means test, why does lawyer want me to find more expenses?

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    #16
    Nicki, sounds like you found a great attorney.

    First. No need to claim any expenses you do not have (like smokes). Bad juju.
    Second. A Trustee expects that you have a Normal Human Existence. That means clean laundry, a limited social life, smelling right, dressing like you have a change of clothes when you come home from work, a TV that shows something other than snow, something other than a Justin Bieber haircut (please), and a vehicle that can roll under its own power. Take those hints. Nothing wrong with preventative maintenance.
    Third. When you are up against the wall, friends - TRUE friends - can come through for you. Like loaning you a couple thou against your car. Of course, in this day and age, you need a lien against title, a notarized agreement to pay, and so forth. The nice part is that the payment can be anything you two agree on for any length of time, and so long as the loan is legit (and the money loaned spent on appropriate exemptions like auto repairs or a 6 month supply of TP, Ramen noodles, and prescriptions) then you have a legal and legitimate auto expense exemption significantly larger than your free cash.
    Fourth. Having a full set of clean white teeth in your head is a perfectly responsible and healthy way to face a Trustee at a 341.
    Last. I do NOT recommend or endorse this path, but I did attend a 341 where a petitioner had to respond to a Trustee's question about a $300/month booze bill. I believe he was allowed the expense based on originality when he responded that he "had a bit of a problem." I almost died laughing, though the courtroom was otherwise silent.

    Bottom line - most Ch 7 petitioners would benefit from your lawyer, if they read between the lines.
    Last edited by btbeme; 08-28-2011, 08:04 PM.

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      #17
      Food: $225 (I'm single) I'd bump this up. IRS standard for single person is $300/mo.
      Clothing: $30 (looks like IRS guidelines are higher?) I'd bump this up closer to $50.
      Laundry/dry cleaning: $10
      Medical/dental: $20 (I'm thinking to bump this up, but it gets into the "future anticipated expenses" more than what I've spent so far this spring, which is $941. ($160 optometrist; $150 M.D., $189 dentist visit, $450 payments so far on dental crown. ) But I see that my $941 divided by 12 is $78...so is that a reasonable change, for starters? Yes, put the $78. Easily provable. But...if we file by end August, then are only the expenses incurred thru end July applicable???

      "Transportation" (I'm assuming that's gasoline and parking fees) says $255. Does this also include tires, tags, tuneups, etc? Those are all valid expenses.
      "Recreation, clubs entertainment, newspapers, mangazines" $50. I think that's the figure I provided for "dining out." Fair enough? Bump up?? I wouldn't bump this up any higher, and it should actually include some of the "misc. expenses" that you have itemized.
      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....

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