One thing I don't get

[jgordo52]

I'm filing Ch. 7. I got my petition in the mail from my lawyer last week. I make over the median for the state, but with my expenses I should be alright to file ch.7. Median in my state is mid 40's and I'm about 54k. So I fill out the schedules and change my lawyers numbers after averaging out everything and I note that I'm -200 dollars. What I don't get is how can a trustee or anyone in your case not force you to get rid of certain things. Like for instance, I have a cable bundle that includes cable, internet and a phone line that I use for a fax machine in my home. It's a 150/month. You take that away and then I'm only -50. Then, you take away my cell phone bill, that's positive 50. Then you add on a few extra expenses of entertainment, food, and put that at what I really spend and I guarantee you I'm over the 167 that could qualify me for a CH13. Why wouldn't they do that?

Also, if I'm qualified for a ch7, and from what the schedule is saying I'm in the whole 200 a month, why would they allow me to have the expenses I have when if I'm -200 a month and don't make any changes based on the numbers that are on paper, I'd be losing money every month and unable to live that way. Remember, this is just what the numbers say. Anyone get what I'm saying here?

Thanks,

J

[justbroke]

... Like for instance, I have a cable bundle that includes cable, internet and a phone line that I use for a fax machine in my home. It's a 150/month. You take that away and then I'm only -50. Then, you take away my cell phone bill, that's positive 50. Then you add on a few extra expenses of entertainment, food, and put that at what I really spend and I guarantee you I'm over the 167 that could qualify me for a CH13. Why wouldn't they do that?

They do question certain things. They may question more than $100/month for basic phone and cellular services. They may question anything over $50 for cable. The operative word is may.

The Trustees all have their own guidelines for what to look for. They look at specific expense categories and if it's within a certain range, they don't question it. Get outside that range, and they may scrutinize it more and/or question you more aggressively about it.

Also, if I'm qualified for a ch7, and from what the schedule is saying I'm in the whole 200 a month, why would they allow me to have the expenses I have when if I'm -200 a month and don't make any changes based on the numbers that are on paper,

Because they know that you'd have to make a lifestyle change. They can't take away from you a legitimate deduction. However, you, can give up on certain things.

I know where you were going with this. It's like, if he's $-200 and HE can personally choose to get rid of that cell phone, then why can't we (the Trustee) force him to.

it just doesn't work that way... thank God!

[jgordo52]

That's exactly where I was going with it, Thanks JB