Means test vs Schedule J

[meetsv]

I am going thru my paperwork. The Paralegal is using twoo differents salary to come up with my payment plan. She is using a higher salary on the schedule J. She is using a 6 month average for the means test, but a YTD for the schedule J, can any of you tell me if this is correct? I want for them to change it but they are refusing. They are stating that my payment will go up.

[justbroke]

This doesn't sound right. Schedule J should be a current average salary with a slant towards the future. To me, it reads as if you received a lot of overtime or some sort of bonus and that's making the average higher.

Your payments in your Chapter 13 should be your actual (projected) disposable monthly income (DMI). There are some arguments still over whether that's what's on Form B22C or an actual "projection" into the future.

[meetsv]

Justbroke,

Thanks for your answer, the average for the means test is higher due to a third paycheck every six months, but the average for the schedule J is almost 800 dollars more than my 6 month average prior to filling. My salary is basically the same through the year. I just don't understand why they would use a higher average for the schedule j

[justbroke]

Thanks for your answer, the average for the means test is higher due to a third paycheck every six months, but the average for the schedule J is almost 800 dollars more than my 6 month average prior to filling. My salary is basically the same through the year. I just don't understand why they would use a higher average for the schedule j

Ah, bi-weekly pay. I would think your attorney is doing the paperwork correctly as they deal with the Trustee all the time. Do you think it's the salary, or did they add your average tax refund (pro-rated) on your Schedule J? I can't really answer for your attorney, I can only speculate.

If your District goes by Form B22C (Means Test) for your disposable monthly income (DMI), then you are probably okay.

[meetsv]

Ah, bi-weekly pay. I would think your attorney is doing the paperwork correctly as they deal with the Trustee all the time. Do you think it's the salary, or did they add your average tax refund (pro-rated) on your Schedule J? I can't really answer for your attorney, I can only speculate.

If your District goes by Form B22C (Means Test) for your disposable monthly income (DMI), then you are probably okay.

Justbroke,

The DMI on the means test is 1184, an amount we can leave with, because they are using an average way too high in the schedule J, they want to propose a payment plan of 2216, a plan that we won't be able to sustain.

[justbroke]

The DMI on the means test is 1184, an amount we can leave with, because they are using an average way too high in the schedule J, they want to propose a payment plan of 2216, a plan that we won't be able to sustain.

I would make an appointment to speak with the attorney directly. Make sure the secretary knows this is important and that you don't understand the numbers, that the paralegal was unale to explain it well to you, and that you can't sign the forms as they are now.

The amount proposed may include your "secured" debt payment, Trustee fees, back taxes and other things. I would make sure you're aware of what's in the propose plan payment. Sometimes it is confusing what's included int he amount.