Means Test Car Ownership Expense?

[pcn]

First, yes, I have used the search. But I can find both positive and negative responses to my question. I have read that someone can only claim this expense if their auto is secured by a debt. Others claim they were able to use the expense if they owned the vehicles outright. Does this vary by district? Is it "a rule" or a local custom? And if so, how do we prevent getting rejected if we use it, and it is a determining factor in passing the means test? We've been told both that we pass and that we don't pass the means test by different lawyers, so I want to do the numbers myself and feel confident about our decision. We own two vehicles, but would consider financing a newer replacement if that is going to "secure" our passing. Thanks for any input. We are in Alabama, (but not sure what district that is) BTW.

[justbroke]

This seems to be by local practice. Some allow it, and some do not. There are Districts in Florida that allow a $200 allowance if the vehicle is unencumbered by a loan or lease, is at least 6 years old, and/or has more than 75,000 miles. Otherwise, they don't allow the "Ownership" deduction.

It's not a "determining" factor for passing the means test, but being able to deduct ownership allowance(s) goes a long way to passing the means test when your income is approaching or surpasses the median income.

[pcn]

To be more clear, by determining factor I meant that it seems that we can pass if we can include the expense for both cars, but won't pass if it isn't allowed. We definitely would qualify for the 6 yr & 75k mile allowance. Too bad we don't live in FL. I cant find anything for North Alabama.

[justbroke]

To be more clear, by determining factor I meant that it seems that we can pass if we can include the expense for both cars, but won't pass if it isn't allowed. We definitely would qualify for the 6 yr & 75k mile allowance. Too bad we don't live in FL. I cant find anything for North Alabama.

Well, at least Alabama is in the same U.S. Circuit Court (11th Circuit), so... maybe Florida cases help. What says your lawyer?

[pcn]

We haven't decided on which one, due to the conflicting info. One says ch13 -can't do a ch7, one says ch7 - no problem, both with different reasoning. So I am still trying to determine who would best represent us... The one favoring ch7 is also recommending the infamous "2nd lien strip in a ch7/settling" method. The one favoring a ch7 was also a trustee for 15 or so years, so I was thinking that was an asset.