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Schedules I and J compared to Means test

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    Schedules I and J compared to Means test

    My wife and I exceed median income in Florida, but pass the means test very close to a $0 disposable income. On schedules I and J, what range should the excess be in between actual income and expenses? Of course, these should be listed accurately at the time of filing. But, what range is best for not attracting additional scrutiny. Would it be $0 to $100 income exceeding expenses?

    #2
    Originally posted by vernors View Post
    My wife and I exceed median income in Florida, but pass the means test very close to a $0 disposable income. On schedules I and J, what range should the excess be in between actual income and expenses?
    The usual rule of thumb is if your disposable income shows as $100 or less/month, it's Ch 7. If your disposable income shows as more than $160/month, it's Ch 13. If your disposable income shows as between $100-160/month, it could go either way depending on your trustee. These ranges might be a bit higher now since the newest IRS financial tables went into effect - ask your lawyer.

    Of course, these should be listed accurately at the time of filing. But, what range is best for not attracting additional scrutiny. Would it be $0 to $100 income exceeding expenses?
    What trustees will accept for expenses varies widely depending on where you live and the typical costs in your neighborhood. Ask your lawyer - it's the only way to get reliable information about your allowable expenses on Schedule J.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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