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Dont Be A Hero On Your Budget - You Wont Get An Award! - You Will Get Screwed

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    Dont Be A Hero On Your Budget - You Wont Get An Award! - You Will Get Screwed

    Dont Be A Hero On Your Budget - You Wont Get An Award! - You Will Get Screwed

    remember these things about a budget:

    - remember that when budgeting for the court do not try to be a hero and prove you can live cheap. let the attorney change the numbers to fit what the court would allow. but if he does so then make sure he didnt list it as a mitake when you assumed he did it to make it look better.

    - remember that there are certain categories that raise red flags. entertainment is one of these. most courts get pissy about it when its obove $100 a month. your attorney will know. but i cant tell you how many court trials ive read where the ut trustee complains about that category.

    - remember that you DO NOT want to make a perfect little budget such that you come up within -$50 or +$50 within your income. what happens if your trustee or US trustee goes to reject some of your expenses? yes it does happen and you do not want to be in a position to go from -$50 and have your entertainment or cell phone or cable bill or food bill or laundry bill or all of them hacked and wacked down such that you will end up with +$115 for the month. this can and does happen. dont take the chance.

    - how to avoid this? make sure you list every single thing. make sure you can come up with a -$ negative income. mine was negative in the hundred. and it was several hundred as a matter of fact.

    - this is the way for them to force you into a chapter 13.

    - ok so you think you can come up with more expenses latter on to show the court you cant afford it. adding expenses after the fact to help your side take all of your credibility away. the judges speak to this day in and day out in cases. as soon as you make changes to you case - which you will have to do if this happens to you or you will be forced into a chapter 13 - you will have lost your standing with the court and they are less likley to side with you. from then on their viewpoint is that you are changing things to cover your ass. and they are right even if you did leave something out it makes you look very bad.

    - make sure you can prove every expense to the court. if you cant prove that the amount listed is correct then you are going to loose credibility with the court and might be dismissd or forced into a chapter 13.

    - also know that a lot of times they muck and whine about the expenses when they see 'issues' with the credit card balances. cash advances, gambling, charges too soon from the date of filing, etc. they hold this over your head and complain about the expenses at the same time. its like a carrot in which they hope you will just convert instead of trying to fight a two or three pronged approach.

    lessons learned: dont be caught lying on your application and make sure you list everysingle thing. check your account statements, look through receipts, search online for expenses otehr have used, look at checkbook, walk around the house and ask yourself if each and every item you and looking at is paid for with money listed someplace on the form.

    are batteries for the remote controls listed?

    is catnip, flea medicine and litter liner bags listed? annual vet appts listed?

    paper and ink for the printer listed?

    oil and filters, fuel injection clearner, estimated repair costs, tires, windshield wipers and AAA for the car listed?

    newspaper listed?

    cleaning supplies and home depot items for repair listed?

    walk around at look at each and every single item and ask yourself - where did i list that on my form. on your own form list every single thing. on the actual forms list things in clumped togetheer categories. you dont want to have to show what you are trying to claim as an expense. its easier to deny.

    also remember that the reason people fail their chapter 13 plans is becuse they cant come up with the money for these everyday things since they forgot to list them all in their budget. it only takes $50 a month more then you have to screw you for 3 to 5 years.
    Im not an attorney or a trustee. You cant trust me either though!

    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

    #2
    I could be wrong but somehow even the US Trustee and judge can't possibly want someone to go into a 5 year plan with $50 a month to pay $3000 back on $150,000 in debt. I can't see this as being feasable. The new laws almost made it better for debtors with very large unsecured balances.

    The administrative fees would eat into $3000 to $6000 as well (probably why they WOULD do it ) You figure the chapter 13 trustee gets his cut and most lawyers will charge at least $3000 for a chapter 13 most of which will be paid out of the plan. Unsecured creditors will probably get about $100 over the 5 year plan.

    You're so correct regarding credibility! Do the schedules only once and do them correct the first time. PERIOD!
    Last edited by FoolAndHisMoney; 01-31-2006, 04:26 AM.

    Comment


      #3
      i dont think you read it slow enough. read it again.

      its state that you do not want to end up with a budget of +115 extra since that would possibly put you into a chap 13. this is correct.

      also at the end it stated that a lot of people fail their chap 13 plan because they forgot to list everything in their budget. and all it takes is spending an extra $50 a month for 3 years or more on items that are not listed to screw you and thus cause you to be on the road to failing the chapter 13. this is correct.

      and aside from the numbers the point of the post is very important. and its a point that attorneys dont really provide you with as strong as i am doing. that being that you do not want to come within that tiny little range just in case there is a problem with your expenses. it kills two birds with one stone. first, you can say ok take that expense off or down then and still be left with enough to keep a chap 7 - which by the way they will see that ahead of time and go ahead and possibly not bother you. second, it allows you to not have scambling to amend the schedules after the US trustee/judge complains about an expense thus losing youjr creditbility.

      the side point, one that i doubt most attorneys force upon you, is that most chap 13 fail. and lots of them fail due to budgeting. this comes in two forms. the first is exactly what i pointed out. the plan becomes too difficult if not set up reasonably to start with. and if you miss things on your budget then you are going to struggle. second, emergencies that arr unforseen come up and you cant pay the plan. this could also be that you didnt heed the warning to take on extra health insurance, life insurance, auto insurance, etc as well to protect your during the plan and after your bankruptcy too.
      Last edited by bkfiler; 01-31-2006, 07:39 AM.
      Im not an attorney or a trustee. You cant trust me either though!

      [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
      [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
      [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
      [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

      Comment


        #4
        use this nifty calculator to help remind you of some things as well.

        Im not an attorney or a trustee. You cant trust me either though!

        [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
        [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
        [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
        [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

        Comment


          #5
          I've been spending some time wandering around in Walmart looking at prices of things. Now I know about how much I spend on computer supplies,..... paper, and ink cartridges. While wandering around I saw garbage cans. We had to buy 3 new ones a few months ago, $20 each. We also bought a couple leaf rakes. Total for garbage cans and rakes ran nearly $100 dollars. Remembered we'd bought a new vacuum cleaner as well last summer in the range of $150 to $175. We spent $50 on drapes for the rental house. Spent about $350 on some new linens last year. 3 Sheets sets, 3 blankets, and bath towels. That was another $350 I hadn't thought about before.

          A little bit here and a little bit there. It's really starting to add up. The things you do and forget about. Expenses that you don't track 'cause you toss items in the cart, pay, and move on.

          Thanks for the post BKF. It really got me to thinking. Hope it's helped others as well.

          We've also started documenting repairs our vehicles need to bring them into decent condition for resale purposes. All the repair bills are dinks against the values of the vehicles. Took one today. A cosmetic problem that could lead to more significant issues, but the cost to repair professionally eats 75% of the value of the vehicle. There's still a couple other repairs to be done to that one. With written repair estimates, we may eventually wind up maxing out repair cost to value ratio on that one. The body shop guys said if it was an insurance claim, it might just be totaled out. We can hope.

          When we saw that first, bare bones attny, I had a scant list of expenses. The attny felt we had $197/mo left over in disposable income. That list has grown and some expenses have expanded significantly. We may go with a final list that shows a negative balance. Then we'll have to wait and see what the Trustee trims from there.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            OK, bkfiler, this is GREAT advice. So many things that we spend on and don't take into account. BUT where do we put them on the "J" form? I don't understand how to itemize them for the court. Do we just have this info ready when the trustee questions us? What category does all this stuff go into? What is the max for entertainment in a urban location to avoid red flags and is it better to break off certain items like monthly health club fees into the "other" category?

            Comment


              #7
              thats what you attorney is for. he will group them into categories.
              Im not an attorney or a trustee. You cant trust me either though!

              [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
              [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
              [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
              [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

              Comment


                #8
                My advice, Credit Hater... is that if you are planning on filing bankruptcy... don't do the overtime. You don't want them to think you make more than you actually do on a normal basis.
                Filed Ch. 7 Pro-Se: 10/12/06
                341: 11/6/06 (went AMAZINGLY well!)
                Discharge: 1/12/07
                Closed:1/19/07

                Comment

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