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Disposable income is not determined under 1325(b)(3)

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    Disposable income is not determined under 1325(b)(3)

    I am filling out a Form 22C just to see where I stand and when I actually file in 4 months I will be under the median income for the state. So when I get down to line 23 on the form and I check "The amount on Line 21 is not more than the amount of line 22. Check the box for Disposable income is not determined under 1325(b)(3)" at top of the statement and complete Part VII. Do not complete IV, V, VI." So where do I go now? I am assuming I would be on a 3 year plan, but how do I determine my disposable income?
    Filed 9/01/2009
    341 Scheduled for 10/29/2009 (Smooth )
    Trustee Report of No Distributions 10/30/2009
    Actual Discharge 1/12/2010

    #2
    Because you are under the median income, the form is basically telling you that you are under the median income, and there is no need to follow through utilizing the IRS standards, because you are under the median. Being under the median income, allows you to utilize your ACTUAL expenses, so, to determine your disposable income, you would then use Schedule J minus I to determine what you can pay into your plan, that depending upon your claims and case, could range from 36 to 60 months, depending upon how you need to adjust your expenses either way.


    The code for 1325(b)(3) reads

    (3) Amounts reasonably necessary to be expended under paragraph (2), other than subparagraph (A)(ii) of paragraph (2), shall be determined in accordance with subparagraphs (A) and (B) of section 707 (b)(2), if the debtor has current monthly income, when multiplied by 12, greater than—


    (A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner;
    (B) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or
    (C) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $525 per month for each individual in excess of 4.

    Whatever that means.

    Thats my guess, Im not filing pro se but have done a little homework and learned quite a bit on this forum, I also just bought the NOLO book, which I didnt reference to yet in this thread.
    Last edited by optimistic1; 04-07-2009, 01:12 PM.

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