Who waited months to file?

[momof3b1g]

I'm wondering if the trustee questioned cash on hand and how money was spent for the months after you stopped paying your discharged bills.
If your schedule shows you figured $100 a month for what ever it may be. But you don't spend that every month. Like if you pay car insurance yearly. You must have that somehere right? You'd have to claim that? Or because its an expense that cannnot/will not take it? When they ask how much cash you have or have in savings do you tell them how much but that it is for insurance? If we don't buy any clothes in Dec-Jan so we have $100 in clothes money. We file in feb do we have to tell them about the $100?

Did they ever question how money was spent in the past months? Like I was thinking seeing we are ahead i could buy a dishwasher now to replace the broken one instead of waiting until our taxes. But would they question where the big chunk($400) came from?

Are you spending all your money you have budgeted? I know we budgeted the kids school activites but it doesn't get spent every month. How are you dealing with that? Mainly when it comes to file and cash on hand.

[magyar123]

Trustees normally don't put you through that of Guantanamo Bay type ringer.

[jennordhavn]

My trustee didn't ask any specific questions about my expenses. He didn't ask for bank statements or proof of anything. I was surprised since I claimed the $137.50 for private school tuition (the amount they allow......which is WAY below what I actually pay) and it says the trustee will require proof. I also claimed both the automobile operational expense and the public transportation expense since I use public transporation to get to work (which is very common where I live) and he didn't ask for proof of that either.

I filed pro se and was slightly over median income for my state, but still passed the means test.

I think it's pretty much luck of the draw with the trustee and there are no national standards, so you may or may not have to show bank statements and receipts to prove expenses.

Good luck.

[danaf]

I waited 6 mos from when I stopped paying my cc's. I really didn't have a lot of extra money. Most states have a certain cash amount you can exempt.

I wouldn't buy a new dishwasher now. I'd stash the money under a mattress and just wait. They typically don't want every dollar accounted for and $100 extra a month is very easy to spend on incidentals like lunch, coffees ect.

[Genenco]

I could have filed way back in 2006, but am a severe procrastinator..Hmmm..Come March, it'll be 2 years since I really could have filed...Yes, sometimes the creditors find me, but not lately as they have no idea (Sis ain't talking) where I am.

I' hoping for major OT, and that should help. Not worried about OT putting me above means test. Best I could do, would be double my pay, which is about $1,616 gross monthly, so that's $3,232..Now that's about half what I am really worth!

[momof3b1g]

I wouldn't buy a new dishwasher now. I'd stash the money under a mattress and just wait.

Even if it is broken down? It broke down on Christmas day.

[Phillymanhere]

Momof3,

I stopped paying on my cards as of March 2008. I thought without paying I would have "extra" money. Well, let's see, my old car needed about $2,500 in repairs. Let's see. I had some extra medical and medicine and dental bills. For a while, those high gas prices burned through my wallet.

I have shoes now, two pairs, that need new heals and soles. I couldn't afford to go anywhere last summer for "vacation." Bottom line: are you sure you're going to have all this money left over. You own a car? If it's old at all or even middle-age, it could have $1,500 in repairs anytime. You got a good bed? I had to buy one last year, cost about $700, and my back is still aching and the bed is sagging and I'm thinking I'm going to have to get a different bed if the manufacturer doesn't take it back.

Anyway, I am just finding I had much less money than I thought I would. I guess that's one reason I'm in this predicament: I was ignorant about the true cost of my expenses, and I'm really really cutting out things. I'm going to add some extra part-time work to get ahead. The car repairs robbed me of the money i was going to pay my lawyer with. Now I'm back to trying to save, and it's hard.

[TEW]

Trustees are only looking at the 6 months before filing. I waited 6 months since I had worked and made to much money thinking I could pay down some of the debt.

[Lajazz947]

Trustees are only looking at the 6 months before filing. I waited 6 months since I had worked and made to much money thinking I could pay down some of the debt.

I don't understand. What do you mean that they only look 6 months before filing? That they will look at what you could have paid 6 months before filing?/

I have not used cards or gotten cash advances for over a year now, stopped paying in May of 2008.

I think that according to your post I would look pretty good to a trustee in terms of not abusing.

The extra money went to catch up on my car, attorneys and house if they ask.

Thanks

[keepmine]

Basic appliances are not luxury items. This is the 21st century. EVery home likely has a dishwasher and washing machine and dryer along with microwaves and freezers,etc. Go ahead and buy whatever dishwasher you can afford. That's part of maintaining a home.
As to budgeting annual expenses-I pay my ISP, newspaper subscription, and termite inspection and, tag renewal annually. My auto insurance semi-annually. My lawyer took those numbers, and divided by 12 to get a monthly expense.

[momof3b1g]

Basic appliances are not luxury items. This is the 21st century. EVery home likely has a dishwasher and washing machine and dryer along with microwaves and freezers,etc. Go ahead and buy whatever dishwasher you can afford. That's part of maintaining a home.
As to budgeting annual expenses-I pay my ISP, newspaper subscription, and termite inspection and, tag renewal annually. My auto insurance semi-annually. My lawyer took those numbers, and divided by 12 to get a monthly expense.

Thats what i figured about the dishwasher.

As far as the annual payments I guess it isn't a problem. I was just wondering if we had to tell them yes i have X amount of cash set aside for insurance due in June. I think i'm thinking to much about this, arn't I? LOL
I guess i was thinking it as cash on hand, but its not extra when its taken from your expenses? It would be extra after paying expenses they are worried about. But if ypu have it in your savings wouldn't you have to exempt it?

[danaf]

Maybe because in New York I NEVER had a dishwasher, I consider it a luxery to now have one. If you have an attorney, I'd ask about it. The way I feel about it is if you've got a sink then dishes can be washed. And I'm not trying to be a jerk. Just cautioning in the current environment where bk's are concerned. Things are being scrutinized more and more these days.

On the day you file, you have to state whatever cash on hand you have and it HAS to be exempted provided you have the exemption. Technically whether it is in the bank or not or whether you've saved it from your monthly expenses.

[StartingOver08]

As far as the annual payments I guess it isn't a problem. I was just wondering if we had to tell them yes i have X amount of cash set aside for insurance due in June. I think i'm thinking to much about this, arn't I? LOL
I guess i was thinking it as cash on hand, but its not extra when its taken from your expenses? It would be extra after paying expenses they are worried about. But if ypu have it in your savings wouldn't you have to exempt it?

I think I see the issue here. When are you planning to actually file? Before June but after your tax refund?

If you have annual home insurance due in June that you pay separately from escrow, then why not pay it in advance with your refund so you have a paid receipt? That will solve your issue because you can not have the cash to show you are 'going to pay in June your insurance'. ALL cash you have (on hand or in bank accounts) has to be declared on the petition and exempted in order to keep it.

[redwritingmom]

We found that the Trustees were human. They know you still have to live! I think what they are looking for is preferential treatment of any of your creditors. Say you owed your folks a whole bunch of money and you "bought" your dishwasher from them for more than a reasonable amount. That might send up a red flag.

[CatsInTrouble]

Momof3,

I stopped paying on my cards as of March 2008. I thought without paying I would have "extra" money. Well, let's see, my old car needed about $2,500 in repairs. Let's see. I had some extra medical and medicine and dental bills. For a while, those high gas prices burned through my wallet.

I have shoes now, two pairs, that need new heals and soles. I couldn't afford to go anywhere last summer for "vacation." Bottom line: are you sure you're going to have all this money left over. You own a car? If it's old at all or even middle-age, it could have $1,500 in repairs anytime. You got a good bed? I had to buy one last year, cost about $700, and my back is still aching and the bed is sagging and I'm thinking I'm going to have to get a different bed if the manufacturer doesn't take it back.

Anyway, I am just finding I had much less money than I thought I would. I guess that's one reason I'm in this predicament: I was ignorant about the true cost of my expenses, and I'm really really cutting out things. I'm going to add some extra part-time work to get ahead. The car repairs robbed me of the money i was going to pay my lawyer with. Now I'm back to trying to save, and it's hard.

this post was a wake up call for me. yes, i do think things will be easy once this goes through... easier...what if I'm wrong?