Couple of chapter 13 questions

[kev7554]

Am I allowed to include a contribution to my 401k to my expenses?

Curious what other people put on Schedule J for recreation. For me and the girlfriend we put 75.00.


And my biggest question is why did I have to include my girlfriend and her income and expenses into my bankruptcy? Friend at work in the same city as I am filed 3 months after me and is married and she filed without her husband even knowing. They also just spent 4000 on a vacation. I barely get buy much less save for vacation.

Sorry just venting lol. I know I should ask my lawyer these questions but was hoping to get some opinions here first. Thanks

[Cristo]

You are allowed to contribute to your 401K, especially if you have been in the past. I put down $150 for recreation for myself, but part of that is for journal subscriptions that are buisness related. They got lumped in there since the form says, magazines, etc. You should have no problem with 75. I would put down 100 and see what happens, but I am not through with my case yet, so someone else may advise you better on that one.

I have a live-in boyfriend and I did not include his income since as my lawyer and I agreed, if he is not contributing to the household his income is not included. I had a consultation with one lawyer who told me I had to include it, but the other 5 I saw said no. I hope your lawyer did not steer you wrong on that one. Maybe it is district specific? I don't feel it's right to base your payment on someone else's income if the debt is all yours and they are not legally obligated to you for anything. You are not married. What if you break up? Maybe you should "break up"? Have you filed yet?

[kev7554]

Yes I am finished in may of next year. Problem is I just got a big raise and promotion and also my girlfriend paid off her truck so the lawyer says that frees up 300 a month plus the pay increase so we need to redo everything for the last 6 or 7 months of a 36 month bankruptcy.

[LadyInTheRed]

Yeah, just be roommates for a while. Could add some excitement to your relationship!

I claimed $100 for recreation and entertainment for 2 adults.

It is possible for a married person to file without her spouse knowing, but she still is supposed to include her husband's income in her means test and Schedule I. When calculating her DMI, she can back out whatever he doesn't contribute to the household. Is paying for a $4,000 vacation is a contribution to the household?

Try not to compare your BK to your friend's. Each case is unique.

[Cristo]

That sucks, but at least it's only 6-7 months. Can your girlfriend come up with some additional expenses to eat up what used to be the truck payment? The way I look at it.... is the older I get, as with most things, the more expensive the maintenance on me is..... My lawyer said that promotions are "expected" for me and that we only need to report "unexpected" increases in income. I like his faith in me, but he also did say that if it was "a big one" (he did not define big) that we would have to report it.

I would increase the entertainment to $100 and come up with any other increases you can. Medical is hard for them to fight when you have a doctor's prescription. Have allergies? In pain? Don't take over the counter meds......have your doctor write a prescription, tell him you don't like generics.......chiropractic? Have them write up a treatment plan for you..... Of course, always ask your lawyer, but as long as it is not cosmetic, medical is justified. I saw all my doctors several months before filing and got my prescriptions renewed. I do have several legitimate medical issues, but I wanted to make sure there was enough in my plan in case something new goes wrong with me.....like the breakdown I might have over this.

[kev7554]

Thanks for the responses. Its hard not to compare my bankruptcy to friends when I'm barely getting buy and there partying like rockstars. I would like to add a lot of girlfriends expenses but with only a little over 6 months left to go I just don't want to rock the boat and have the trustee say hey 36 months wasn't enough you have to go 60 now. I also don't want to have to live any tighter then I have been for the last 2 years. Pretty sure I can cover the 300 with medical and other things but we will see.

[Cristo]

Kev, I was thinking about your situation this morning and while it does suck to have to give up your extra money you are so close to discharge that I think you are right not to rock the boat too hard. It will be great in 7 months to have this over and your new job and paid off truck!! I wish you the best.

[lrprn]

Friend at work in the same city as I am filed 3 months after me and is married and she filed without her husband even knowing.

If it makes you feel any better, for a married person to file as if they are single or file by forging their spouse's signature and not tell their spouse - that's major bankruptcy fraud. Your "friend" will get into serious legal trouble if anyone in the trustee's office figures it out (or if someone drops a note to her trustee's office....hmmmmm).

It's people like your "friend" who game the system that gives bankruptcy for the 98% of people who file honestly a bad name.