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You use your actuals on Form I and J. The key is, where they exceed the IRS Allowable Limits. You basically need to use actuals or the IRS Allowable Limit, whichever is less.
However, you can use expenses higher than the Allowable Limit, but you must have and provide a reasonable explanation. For example, it's almost a non-starter to argue that you need a Mercedes-Benz S500 to get to and from work. However, you could argue that a specially equipped van is necessary for a member of the family who has mobility issues.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10) Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
For monthly expenses, do they use what you actually pay or do they use the IRS national standards?
Tks - jb
I think a more accurate is answer is that you use BOTH. The means test is a combination of actual expenses and IRS expenses, depending on the category. For example, a mortgage or car payment is an actual expense. Rent (if you are a renter) and other living expenses and utilities are IRS expenses.
I would urge you to get a good book on bankruptcy filing from your nearest Big Box bookstore. That is the best way to figure out what to do.
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