Expense's List

[kennych]

What is the name of your state? TX
Just got my contract to file chapter 7 from on lawyer, looking it over before signing.
Question:
My wife's income shows daycare reimb which I can understand is being added back to our income, but on the expense's list page he did not list the daycare expense. Can we list this HUGH expense or not? Plus he told that we make to much money and the trustee's may frain that this, but our daily ( normal ) expense
's exceed our income by 100. Now this is with out the daycare expense's which is another 700 a month.
Thanks for the help.

 

[Ladynred]

Daycare is a perfectly allowable expense in a two-income family with small children, its hardly an extravagance. Employers don't provide daycare. It SHOULD be in your expenses.

As for your income, what you MAKE isn't the point, its what you have LEFT that matters.

 

[planner]

Have your attorney slow down and explain the situation.

Mine did the same, they see the daycare on your paystub (add it to your income). Then think daycare is paid for and don't put on the expenses.

 

[kennych]

I took care of that today, thanks.
My attny told me I have a one in five chance of getting a tustee that is one that is pretty hard, meaning that he's waiting for Congress to do something about the bk laws. I'm just keeping my fingers cross. He said I could be changed to CH-13. I expenses out weight my income by 300.00 per month, but he's seen it happen. Trustee told them to just tighten there belt.

 

[InsulinRules]

kennych,

You might like to read this:

http://www.usdoj.gov/ust/ustp_manual/manual.htm

It's the trustee's manual.

It sounds like some trustees are off the reservation, and most attorneys seem loath to bring the trustee to heel.

"The trustee has a duty under § 704 to object to the debtor’s discharge if advisable.
Whenever appropriate, the trustee should examine the acts and conduct of the
debtor to determine whether grounds exist for denial of discharge. § 727(c).
Section 727(a) provides that the court shall grant a discharge unless the debtor:
1. is not an individual (corporations and partnerships do not receive a discharge under chapter 7);
2. conceals property with intent to defraud;
3. fails to preserve or conceals financial records;
4. makes a false oath or account; presents or uses a false claim; gives, offers, receives money, property, or advantage for acting or forbearing to act; or withholds books and records;
5. fails to explain satisfactorily the loss or deficiency of assets;
6. refuses to obey an order of the court or to testify after being granted immunity;
7. commits any of the acts in a through f above within one year of the date of the filing of the petition or during the case, in connection with another case concerning an insider;
8. receives a chapter 7 or chapter 11 discharge in a case commenced within the previous six years;
9. receives a chapter 12 or chapter 13 discharge in a case commenced within the past six years under certain circumstances; or
10. submits a written waiver of discharge approved by the court."

Seems to me that it doesn't say anywhere in this manual that the TRUSTEE has the right to determine whether you should tighten your belt.

The JUDGE does, but not the trustee.