Need help with means test and mortgage payment??

[kcfaninin]

Hi,
I have a question on line 20B of the means test. The standard mortgage deduction for our state is $788. Our actual mortgage payment is $2325. It says to subtract line B (actual monthly mortgage payment) from line A (IRS Standards) and enter the result. Can I claim the difference between $2325 and $788 and enter $1537 in the deduction column? When attorney filled out the schedules for us to review, he has .00 in the deduction column. If we can claim the $1537, no abuse is presumed and we pass. Unsure as to why he left the column blank. We have been waiting 3 weeks for him to answer this question and our calls and emails go unanswered. From what I have been reading we are allowed to claim our full mortgage payment, or the difference between the standard allowance and the actual payment. Is this correct?

[jwmc1]

I believe that on the means test, you have to use the standard deduction, but on a Chapter 13 plan you would use the actual figure when computing your pay back amount.

[DeadManCrawling]

In our means test, there was another column, titled something like this:

Mortgage Expense claimed above the statutory exemption.

A linr next to it asked for an explanation. I stated that our mortgage was 2400 above the standard exemption. So far this seems okay.

[kcfaninin]

In our means test, there was another column, titled something like this:

Mortgage Expense claimed above the statutory exemption.

A linr next to it asked for an explanation. I stated that our mortgage was 2400 above the standard exemption. So far this seems okay.

Ok, I found the line for the explanation, so I'll put the $1537 in that column. Can't understand why the attorney put .00 in that column. I knew we could claim the difference!!

Another question, On Line 42 it states to enter future debt payments. Attorney has mortgage payment of $2325 listed in that column. Wouldn't I be deducting our mortgage payment twice then? Once for the full amount and again for the difference in the standard allowed. Getting this figure straight determines whether we pass or fail.

Consulting with 2 more attorneys tomorrow and I need to know which deduction is correct. The 3 I have spoken to already have given me 3 different opinions. Getting frustrated!!!

[LimpDisc]

Our line 20B also was let blank by our attorney. The full amount of your mortgage should show on line 42a\b\c or continuation sheet if needed.

[LimpDisc]

Line 20b -

a. standard deduction - $788.00
b. Actual payment - $2325.00

$788 - $2325 = $0 because the number can't be less tha zero.


It should be blank and the full amount for your mortgage would show on line 42.

Hope this makes sense.

[kcfaninin]

Line 20b -

a. standard deduction - $788.00
b. Actual payment - $2325.00

$788 - $2325 = $0 because the number can't be less tha zero.


It should be blank and the full amount for your mortgage would show on line 42.

Hope this makes sense.

OK!! Thanks for clearing that up for me!! That helps a great deal.

[justbroke]

Ok, I found the line for the explanation, so I'll put the $1537 in that column. Can't understand why the attorney put .00 in that column. I knew we could claim the difference!!

Because you can only put $0 if your actual secured debt payment exceeds the IRS Allowance. LimpDisc gets a gold star for showing the correct way to do this.

Please don't question your attorney's math as they usually use an actual computer program like BestCase or Blumberg's Bankrupter.