13 question about IRS Standards

[artgood]

I saw something in another thread that I have a question about.

Someone said:

"If you are claiming all the full IRS standards for your budget..."

Does that mean, that if I have to go chapter 13, that the IRS has numbers that I should claim for my monthly budget? What if they are different from my actual monthly expenses? What numbers do I use?

I'm sorry... I know my questions must seem stupid, but we are about a week away from filing, and I'm freaking out.

[lrprn]

Are you trying to file your Ch 13 without a lawyer? (Please say no.)

Here's the link to the current pre-determined, required standards that must be used for the Means Test regardless of what your real expenses are - http://www.justice.gov/ust/eo/bapcpa...anstesting.htm

It looks like the standards are getting ready to change after Oct 31, so if you are using an experiened Ch 13 bk laywer to file (and I hope you are), then ask if it makes sense to delay filing long enough to see if the new standards will help you (they might, or they might not).

However, your real expenses can go on Schedule J of the B22C Ch 13 forms. Keep in mind that in some local courts, the trustee will ask for documentation if your expenses are excessive for the average in your neighborhood or for a family your size. If you can't justify the extra, then chances are your trustee will challenge your requested expenses.

Also some Ch 13 trustees are more rigid about sticking to the IRS standards regardless of your real living expenses than others. This is why using an experienced Ch 13 lawyer who is very familiar with what's allowed in your local bk court and what's not is so valuable. They know just how far you can push your expenses for filing.