Simple No Asset 7 not so simple

[Pjmax]

Had an appt. with my atty. to sign papers today. I wasn't really worried about it before. Now I am. I have no assets other than my 2002 paid-for car. I have some IRS debt which won't be discharged, which I knew, and am paying this from my Soc. Sec. I have approx. $16,000 in CC debt (originally less than $8,000 and paying off when I was partially laid off in 2009) One of these accounts has a judgement. I was totally laid off 4/11. So my income now is Social Security and unemployment which either ends 9/12 (most likely) or 12/12.

He went through my expenses, said I needed more, and we changed a few numbers. He said I think we're good. He did add $250 for a future car payment and said sometimes it doesn't fly, but I think it will. I then sat, read through and signed the papers. I did see a couple of items on the expenses that were half what they should be, i.e., car ins. At $72 instead of $145. Also, didn't see any mention of the $100/mo. I had been paying to the judgement creditor. He said the corrections would be made, and I think we're good. Still not sure how the numbers worked out with my changes.

His office files at the end of the month, so I'm not sure exactly when my filing date will be, but everything is dated today, and I won't get copies until the meeting date. The creditor matrix is rather long since a number of the accounts changed hands a few times. I was hoping to be able to look through that at home to see if anything is missing, but I guess not.

So, now I'm concerned.

I've mentioned it before, but my attorney is a trustee. I've gotta hope he knows which way is up.

Thanks for indulging my vent.

[btbeme]

A Trustee would usually know what other Trustees will allow. The changes made sound like they helped, not hurt, your filing.

[tobee43]

only thing is you signed without the changes being actually made? i know it's a separate page, but i would ask them to email you a copy of the corrected petition, just so you can review it one last time before the end of the month. i know our atty's office i did ask them to do that since i found errors 5 times and i wanted to make certain it was all correct before the filing date. if you don't see it until it's time to file it, it may be to stressful to hurry through it on your meeting date.

what exactly are you concerned about? i would most certainly address any concerns prior to filing.

i would think, if he's a trustee he knows what needs to be done. yet, i would have questioned him as to why he lowered actual expenses. maybe the amount that you really do pay is unreasonably high? and maybe he think it may look out of place?

[TheBajan]

Our atty changed several of the expenses on our sch J to meet what's allowed. For example, he listed a clothing allowance of $125 a month. We actually budget $20 a month. He also increased our expenses for home maint, utilities, auto, and food. The only thing he decreased on our expenses was our prop taxes and that was because we had just paid them before filing and received a new assessment that lowered our taxes.

[Pjmax]

Thanks Bt & Tobee!

Tobee, the weird thing was, he actually expected me to just sign (in about 5 places) without reading it. I took my time, sat in the reception area, and read it anyway (all 26 or so, tiny print pages) I think the expense errors I found, were due to his assistant's interpretation. Dividing an item by 12 mos. instead of 6 mos., even though it said $xxx (6 mos. X $xxx). He didn't prepare it and I don't think he even looked at it before I was sitting there. He didn't lower them, he looked at the sheet in front of him, said I was a few hundred short, and changed a few numbers higher.

I asked about 2 other items, payments made to creditors in the last 90 days, and the question about any fees paid for legal before filing. He wrote those additions in. He said they were noted elsewhere (they were), but he would add them here also.

I am dropping in next Tuesday to make another payment, so I will ask again about a copy before filing.

I am probably worrying needlessly, I'm kind of anal about details & proofreading, and, of course, anxious to get this over with.

[Pjmax]

Hi TBajan, I was writing as you were posting. Thanks for the input.

Some things on the expense sheet are really grey areas. I had actually added up all my debit card items for the grocery, convenience store, etc.; but I didn't really break out how much of that was for personal care, pet food, etc. So, I'm ok with moving around some numbers.

As far as the insurance, the assistant probably thought MY high insurance number was a typo! But, it is what it is.

[keepmine]

Also, didn't see any mention of the $100/mo. I had been paying to the judgement creditor.

Debts that will be discharged in bk aren't counted as an expense.

[Pjmax]

Also, didn't see any mention of the $100/mo. I had been paying to the judgement creditor.

Debts that will be discharged in bk aren't counted as an expense.

Thanks Keepmine. Sorry, I wasn't very clear about that. There is a place for payments made to creditors, but it is on a page further back, not the expense sheet.

[lillymarlene]

I am probably worrying needlessly, I'm kind of anal about details & proofreading, and, of course, anxious to get this over with.

It's probably good that you want to carefully reread everything. It's just too easy to make mistakes. I was so nervous right before I filed, feeling like I was going to throw up at any minute. Then, when my attorney's secretary handed me my 3 inch thick petition, I could barely get through reading it. Later at home, I noticed that a major creditor, over $10K balance, had been left off. Unfortunately, to keep the same % to unsecured creditors, I ended up extending my chapter 13 for another year, but at least I was able to keep the same, well for the most part anyway affordable payment.

[PANSYFACE]

Review everything BEFORE you sign!!! I am on my 3rd revision of my petition because NO ONE reviews the document!!!! I've never been so amazed at the carelessness that exists. And I have 63 pages to correct and review every time I get the next version!!! I can't wait for this to be correct and filed!

[SMinGA2]

Edited because my comment was covered already.

[tobee43]

Thanks Bt & Tobee!

Tobee, the weird thing was, he actually expected me to just sign (in about 5 places) without reading it. I took my time, sat in the reception area, and read it anyway (all 26 or so, tiny print pages) I think the expense errors I found, were due to his assistant's interpretation. Dividing an item by 12 mos. instead of 6 mos., even though it said $xxx (6 mos. X $xxx). He didn't prepare it and I don't think he even looked at it before I was sitting there. He didn't lower them, he looked at the sheet in front of him, said I was a few hundred short, and changed a few numbers higher.

I asked about 2 other items, payments made to creditors in the last 90 days, and the question about any fees paid for legal before filing. He wrote those additions in. He said they were noted elsewhere (they were), but he would add them here also.

I am dropping in next Tuesday to make another payment, so I will ask again about a copy before filing.

I am probably worrying needlessly, I'm kind of anal about details & proofreading, and, of course, anxious to get this over with.

you can't be to careful, so i think you are really doing the right thing. details are what this is all about. i know, bk is a very stressful process and it really takes its toll on anyone and theirs when going through one. one of the good things to remember is this will all come to pass and your new beginning it coming soon