Means test Car ownership and childcare question?

[peacesoon]

Hi guys!

Still mulling over a Chapter 7 case and haven't made a decision yet - getting our ducks in a row.

I have a question regarding the means test? We are just above median...

If you own one car - free and clear - can you take the car ownership expense? I am thinking you should as 1) car is over 6 years old 2) might have to replace or repair 3) How can they possibly think a $200 car transportation costs could include gas and insurance for a month?? Does anyone know for sure if this can be taken?

Also, we have childcare & preschool expenses of approx. $645.00 / month. I do not work but this is necessary for me since I suffer from depression/anxiety(well, this situation doesn't help, does it). Does this seem excessive?


Next, if we have excess debt and cannot meet the 25% threshold to repay debt, does that automatically place you in Ch 7 regardless of passing the means test(say we fail by a few hundred dollars or so).

Thanks for any help!

[fyi2]

I listed both cars - one owned and one with a payment

u can only get IRS standard deduction for one vehicle and full amt of payment

I have about 300month childcare expensed (mostly summer)
I think as long as you have reciepts it is a valid expense...

I don't know... I have not read that it was an issue?

[peacesoon]

Thanks.

So, what you are saying is that we cannot deduct the ownership expense because we have no payments. You could only deduct the one that you owed on? Correct?

Childcare/preschool expense is deducted from my husband's paycheck(they own the childcare facility) so that shouldn't be an issue to prove. My issue is that they might have a problem with it because I am unemployed and stay at home.

Thanks!!