Schedule I & J vs Form B22C. Which does atty use for determining MDI?

[appleae]

Hi,

I'm a little confused about which form the attorney uses to calculate MDI. I was originally of the understanding that it was the means test, or Form B22C.

I've seen several posts on this site making reference to Schedule I & J. Posters were indicating that the means test produced favorable results for their repayment plan, but then Schedule I & J increased their proposed payment.

What exactly is Schedule I & J?

[lrprn]

I'm a little confused about which form the attorney uses to calculate MDI. I was originally of the understanding that it was the means test, or Form B22C.

Everyone who files Ch 13 starts by filling out the Ch 13 Means Test (the B22C form) and Schedules A-J (B6A-J). See http://www.uscourts.gov/bkforms/bank....html#official to see what the Schedules forms contain.

I've seen several posts on this site making reference to Schedule I & J. Posters were indicating that the means test produced favorable results for their repayment plan, but then Schedule I & J increased their proposed payment. What exactly is Schedule I & J?

The Schedules are an accounting of your *actual* financial situation - not the artificially influenced income and expenses on the Means Test. Schedule I is Current Income of Individual Debtor(s) and Schedule J is Current Expenditures of Individual Debtor(s).

One of the 'gray' areas of the bk law when it was passed was what to do when the disposable income showing on the Means Test was significantly different than the disposable income showing on Schedule I minus J.

There have been multiple case law determinations across the country about which should take precedence when determining your Ch 13 payment. You will have to ask the experienced bk lawyers you are going to interview which disposable income figure (the Means Test or Schedule I minus J) your local court or bk district has determined will be used to calculate your Ch 13 payment. Unfortunately there is no consistent answer

[appleae]

Will anyone in Northern Illinois comment? The question is, will the trustee rely upon the Means Test, or Schedules I-J to determine the monthly disposable income?