Lets say my current rent is 1700. He ask me if I plan to move. I say yes once the lease is up in 3 months. He ask what do I plan to spend. I said I plan to move into a house which the going rate is 2000. He said that bankruptcy is about moving forward. He said that 2000 is a reasonable number to use on my expenses. WTF! Is he correct????
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Can a Attorney do this???
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There are charts that tell what the average allowance is according to state/county/family size. Reasonably certain your atty knows the allowances for your area. You can google or someone else who keeps that page handy will be along to verify.
Just FYI, here in NJ- which I think is neck and neck with your state in terms of Expensive- you'd be hard pressed to find a house rental that low.
Keep On Smilin'
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As stated, there is a guide which determines the maximum allowable rents (non-mortgage). These rents are also based on the number of people in the household. A single person is going to get a much lower allowance than a family of four. Additionally, the rents are based on HUD figures and it typically only supports renting an apartment, and not a single-family home. You need to weigh this as you are considering where you are going to live.
Certainly work with your attorney. If your attorney doesn't believe that a certain rent will fly, then heed their advice.
I do take note that the current rates for California, even for a single person, vary from $800 a month to the highest of $2,400+/month (SF County/Marin County). It will greatly depend on just where you live in the Golden State.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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