I am planning to file Chapter 7. Probably pro se, although I'm open to paying an attorney to grease the wheels so to speak.
Anyway, I screwed up my taxes a few years ago and I am on a payment plan to pay those back. I am up-to-date on the plan. I know these taxes will not be discharged.
Where do I put this on the Means Test?
Line 28
Other Necessary Expenses: court-ordered payments. Enter the total monthly amount that you are required to pay pursuant to the order of a court or administrative agency, such as spousal or child support payments. Do not include payments on past due obligations included in Line 44.
or
Line 44
Payments on prepetition priority claims. Enter the total amount, divided by 60, of all priority claims, such as priority tax, child support and alimony claims, for which you were liable at the time of your bankruptcy filing. Do not include current obligations, such as those set out in Line 28.
The back tax is a priority claim. However, I'm on a payment plan, and have been for about a year, on which I'm up-to-date. Tax isn't mentioned in the descriptor for Line 28. If I can list it on Line 28, I'll get a bigger amount as it's only going to take me about 2.5 more years to pay back the taxes at my current payment amount (vs. dividing the amount owed by 60 or 5 years).
Also, has anybody ever put their federally-backed student loan payments on Line 28? They are backed by the Department of Education, which would certainly qualify as an administrative agency.
Anyway, I screwed up my taxes a few years ago and I am on a payment plan to pay those back. I am up-to-date on the plan. I know these taxes will not be discharged.
Where do I put this on the Means Test?
Line 28
Other Necessary Expenses: court-ordered payments. Enter the total monthly amount that you are required to pay pursuant to the order of a court or administrative agency, such as spousal or child support payments. Do not include payments on past due obligations included in Line 44.
or
Line 44
Payments on prepetition priority claims. Enter the total amount, divided by 60, of all priority claims, such as priority tax, child support and alimony claims, for which you were liable at the time of your bankruptcy filing. Do not include current obligations, such as those set out in Line 28.
The back tax is a priority claim. However, I'm on a payment plan, and have been for about a year, on which I'm up-to-date. Tax isn't mentioned in the descriptor for Line 28. If I can list it on Line 28, I'll get a bigger amount as it's only going to take me about 2.5 more years to pay back the taxes at my current payment amount (vs. dividing the amount owed by 60 or 5 years).
Also, has anybody ever put their federally-backed student loan payments on Line 28? They are backed by the Department of Education, which would certainly qualify as an administrative agency.
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