old vs new form 22a means test

[debtor36K]

I just looked at forms filed on pacer and noticed that my attorney filed an old means test form(10/05) not the new updated one (01/08). Does this make any difference??

[FreshLikeADaisy]

Ohhhh, yes. Yes, it does. Good for you that you caught that!!!!

Do you have a PACER acct? If not, go ahead and sign up for one so that you can see any deficiency notices posted, and give your atty a call immediately even if one hasn't yet shown up. Your means test will need to be amended (resubmitted), but there is no fee for filing this kind of amendment.

The deficiency notice, if one is filed, is the court saying that the form is unacceptable as filed, and you will have to refile it correctly within 15 days or have your bk dismissed. It sounds bad, but in reality, it's not a big deal as long as your atty refiles it correctly. In the end, if you're at day 14 and you can't get your atty to respond (it happens sometimes) you could download it, fill it out by hand, and take it to the courthouse yourself, so a deficiency notice in this case is not the end of the world. Just take care of it.

While there's a possibility that it would not be noticed, it's much better to take care of it here and now, before it is noticed at what may be a much worse point in your bk (day 59 of your objection period, for example).

You deserve a pat on the back for spotting that error!!! Good luck!!!

[Help!]

Good advice. I'd keep a close eye on PACER in case this is a sign of things to come. We received a deficiency notice when our attorney didn't pay the filing fee, and I watched him like a hawk after that (and it's a good thing!). While you're amending your means test, you might want to go through it one more time... be sure you're attorney is also aware that the IRS Standards were changed on March 17, 2008 (and this is to your benefit).

Here's the link:

http://www.usdoj.gov/ust/eo/bapcpa/20080317/meanstesting.htm

[debtor36K]

Thanks guys! There's no notice of defiecency that I could find on pacer but this was only filed 4 days ago. I will definitely notify my attorney. All the IRS standards were correct on the old form he filed.

[BKParalegal]

I don't think there is a difference in the form from the last updates. The changes that were made were regarding the allowable expense amounts, but that is a mathmetical formula and nothing to do with the actual form. What is wierd is all my bk softwares have automatic updates for the most part and for him/her to have a 10/05 dated form, means he either has never updated his software since the new year (wierd) or he types in his figures and still uses the old copy (wierder). I am really curious to know the answer when you ask him, but again I don't think it will make a difference in your bk, as long as the updated numbers are being used.

Good Luck

[debtor36K]

One thing I noticed was different was the out-of-pocket health care allowance. The new form has a standardized healthcare expense. In my case it is $270 (for family of 5). On the old form it was what you actually spend....in my case it was about $200. So on the new form I gained a $70/ month expense!

[debtor36K]

I talked to my lawyer today and he said they still accept the old form. He explained that he had the new ones but prefers the old one.

[FreshLikeADaisy]

Debtor36k, glad you're not in my district, for your sake: they are really tough on forms here. Good luck!!!

[BKParalegal]

I would rather they be tough on criminals then forms.

Good Luck