Can you be forced to move if they deem your rent is above means test?

[ccmisery]

I don't know if I'm asking the right question, but I read on another forum that someone filing Chapter 13 was told by the trustee that they had to move out of their existing rental residence and find a lower priced living space. Even if what the price range was equaled a roach infested place in a bad area.

This was in an area that has high rental rates, I live in one of those areas too so I'm somewhat concerned I might be told the same thing.

Is this a fact, can anyone confirm they will tell you to lower your expenses before you can file? Even if what the means test equal and what the actual rents are in my area don't add up?

[optimistic1]

It probably depends upon the Trustee or the District.

Some might ask why is it that you are renting at such a high cost. Although I dont see how they could "force" you to move out. There are all kinds of fees associated with that, I just dont see how they could do that in realistic terms. There would be costs for breaking your lease, and costs for moving and new deposits.

Usually if you are over a IRS allowance for the means test, you just need to provide the Trustee actual receipts to prove it.


The means test states.

Housing & Utilities Adjustment

If you contend that the process set out in
Lines 20A and 20B does not accurately compute the allowance to which you are entitled under the IRS Housing and Utilities Standards, enter any additional amount to which you contend you are entitled, and state the basis for your contention in the space below

Simply contend that you live in a high rental rate area, and it would cause you a hardship to move.

Sorry I cant give you a real life scenario.

My argument to them doing that is based on the fact that, my mortgage exceeds that same IRS expense, and I am allowed to deduct all of it, regardless of how it exceeds the IRS allowance.

[catleg]

I just can't see that happening. Unless you were renting an extra garage for all your cars or something.