Means Test vs. Schedule J

[reig6686]

Hello,

I am in the final stages of filing Chapter 13 and have a question related to expenses. My attorney completed the Means Test (I am above median) and has requested that I provide a list of actual expenses (schedule J). I was under the impression that my payment will be based on the Means Test only since I am over median and I can only use the IRS standards, regardless of my actual expenses. When I complete schedule J my payment is significantly less ($350 vs. $750). I have done a ton of research, but can't seem to get a handle on what the Trustee will actually look at in terms of expenses. Any feedback is appreciated.

Thanks!!!

[justbroke]

Some Districts still use "only" the Means Test, but as the Lanning decision showed (it was a Supreme Court case), the Means Test is only the "beginning" of the inquiry into what your payment would be. Most Districts will compare the Means Test to Schedule I/J in order to see if there's a significant difference between them. Please don't ask me what "significant" means as I believe it's subjective.

Since you are filing through an attorney, I can only suggest that you follow their lead. Make sure you ask questions -- of your attorney -- if you don't understand something before signing the petition.

These are great questions and I don't need to take anything away from your Attorney.

[159515951]

My experience was that expenses (if different than IRS standards) must be reasonable and defensible. Make sure you have supporting documentation if you're making an argument for more than the IRS standard.