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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My girlfriend filed pro se Ch. 7 & had creditor mtg 10/10.

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My girlfriend filed pro se Ch. 7 & had creditor mtg 10/10. Trustee asked for amendment b/c Line 13 0f Schd. J listed $1,500/mo credit card payments & ended up with -$300/mo. Trustee said she shouldn't list these & discharging credit card payments (she paid up to filing) would leave net income of +$1,200/mo. & perhaps Ch. 13 was appropriate. He hinted that if she could lower net income on amended Sch. J he'd grant Ch. 7. Sch. J instuctions say "average or projected monthly expenses" Can she list items like projected dental expenses that she's forgone due to credit card burden? She's been responsible & living on shoestring to make credit card payments & hope is that discharging credit card debt will allow her to spend income on things like dental work (hasn't seen dentist in 7 yrs.), summer program for 8 yr. old son, prescription medication that she hasn't been buying, etc. Can she list these prospective costs? What level of neg. mo. income lets her stay w/ Ch7

Hello,


Thank you for your question. I am happy to assist you.


There is not a specific number for the negative income but it should not include the credit card debt in the calculation.

A Chapter 7 does not include repayment of unsecured debt in the expenses as it is the intention of the Chpater 7 to discharge the debt.


Your girlfriend can list her expenses to include dental, medical and school/care for her son. If the expenses are one time expenses, she can divide by 12 to show the monthly cost. These are not prospective expenses. These are actual and current expenses that she has not yet been able to pay but are necessary.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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