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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 09-27-2002, 09:23 PM
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Join Date: Sep 2002
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Chapter 13 Question


What is the name of your state? Maryland

I recently met and reviewed all monthly expenses and income with my lawyer. At first I thought I had only $150.00 left over as disposal income each month. However, this lawyer told me that I needed to trim all my monthly expenses. He advised I needed to be bare bones in monthly expenses and not what I normally pay in monthly expenses. I trimmed back as much as I could Now he tells me that the trustee will most likely not allow me to pay the $128.05 a month for my husband's life insurance policy. This is a term policy and no cash value until he dies. However, I told the lawyer that if it were not for this policy, if my husband (with health problems) age 61, should die, I would not be able to afford the $729.53 a month chapter 13 plan payment or for that matter, would not be able to afford my home mortgages and utilities on one income. Also, there are 3 of us in our household. I have our monthly food expense listed at $730.00 per month. The lawyer said the trustee will probably not go for this amount either. That is what it is. I figured it to be $2.75 per meal x 3 meals a day x 3 people x 7 days a week x 52 weeks in a year divided by 12. Where can you get a meal for $2.75? Does anyone know if this is too high and if life insurance is not allowed? They will take this amount from us and make us play into the plan. But I still need them. He also told me we were not allowed to have $60.00 in recreation per month nor the $26.33 per month in my home alarm monitoring. Can someone please advise what I am permitted? My lawyer says he cannot tell me. I told him I went by IRS guidelines and he said that doesn't matter in bankruptcy and has nothing to do with it. Can anyone help. They figured our combined income at $5133.00 monthly and expenses at $4404.00. I told him my husband's temp job will end in January. He said that doesn't matter. This is for what we make now. I asked if after this was approved, could I get a second job. He said yes. I said wouldnt they want that money too? He said they would not check on that. Is this true? Can anyone give any advice?

Thanks so much.

Robin
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