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Means Test confusion. Transportation. #22 and #23

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    Means Test confusion. Transportation. #22 and #23

    I may have screwed up my figures

    Means Test #22 Vehicle Operation Expenses The Northeast region transportation allowance for 1 vehicle is $235.
    Means Test #23 Vehicle Ownership or Lease Expense section a IRS Transportation ownership/lease expense First Car ,automatically puts in $489 for 1 vehicle.
    What's the difference between #22 and #23? Can I select both?

    Here are the descriptions:

    #22 Vehicle Operation Expenses

    Select the number of vehicles for which you pay the operating expenses or for which the operating expenses are included as a contribution to your household expenses in Line 8

    Local (Metro Area) Standards:
    Transportation:
    Vehicle Operation/Public Transit Expenses for
    Note: You are entitled to this expense allowance regardless of whether you pay the expenses of operating a vehicle and regardless of whether you use public transportation.
    $235 Standard transportation allowance for 1 vehicle(s) in Northeast Region:


    #23 Vehicle Ownership or Lease Expense

    Select the number of vehicles for which you claim an ownership or lease expense. (You may not claim an ownership/lease expense for more than two vehicles.


    Operation and ownership expense are the same aren't they?

    #2
    No. Operation expenses would include car gasoline and insurance.

    Ownership expenses would include a car payment or repairs.
    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
    0% payback to unsecured creditors, 56 payments down, 4 to go....

    Comment


      #3
      Ownership = Car payment
      Operating = gas, insurance, etc.

      Comment


        #4
        The $235 and $489 figures appear to be generously given if I own and operate a vehicle. It doesn't say up to those amounts, but seems to be given to you.
        Is there another form in which you have to prove that you need all $724 in vehicle expenses?
        I'm hoping the Trustee places more value in the State Means Calculator form rather than another form which may include more accurate detailed vehicle and other expenses.
        Also, in the State Means Cal. form which is based on Form 22A there is a $399 monthly expense allowance for housing and utilities, non-mortgage expenses (Line 20A) which is also just given and doesn't say up to $399. That amount/line is not editable.
        It is these included firgures that give me and overall -92.

        This free online calculator computes your means tests results, applying applicable local standards for Somerset County Maine, as required by federal law. The 2005 bankruptcy law (BAPCPA) requires all persons to complete a means test (Official form B122A) before filing for bankruptcy. It requires no registration or disclosure of personal information. In 20 minutes you can find out whether you qualify for Chapter 7 bankruptcy under the Federal Bankruptcy Means Test. (Bankruptcy Code 11 USC. 707(b)(2)).


        If I list out actual expenses apart from using SMC/ Form 22A I get a MUCH higher number.??

        I'm guessing the Trustee would rather go by actual expenses as opposed to Form 22A and that would likely screw me into Chap 13.

        Comment


          #5
          The means test uses the IRS Collection standards, the $489 and $235 come from that table.

          Yes, on schedule's I&J of the bankruptcy petition (I = Income, J = Expenses) you must list what you "actually" spend.

          Comment


            #6
            I'm screwed.

            Comment


              #7
              Keep in mind, you need to annualize your expenses on your "actual" expenses schedule (J). So, if you change your oil every 3 months, get new brakes, tires, or other maintenance, you need to total your yearly expenses for upkeep on that car and then divide by 12 months in order to arrive at your monthly expense amount. It's not just what you actually spend each month.

              So, say you spend $200 on gas each month and $80 on car insurance, your monthly expense would seem to only be $280 a month.

              HOWEVER, factor in the annual maintenance that you do at (random number) $900 a year, then $900/12 months = an additional $75 a month in auto expenses. Make sense?
              Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
              0% payback to unsecured creditors, 56 payments down, 4 to go....

              Comment


                #8
                OP, what are you asking in the original questions? I am unclear. From what I know, the means test has some ambiguity to it. Meaning that different regions interpret what to include differently. Lucky for us, in our area you are able to include both vehicle operation and ownership expenses, even if you own each vehicle 100%.
                1/15/10 Filed ch7 2/18/10 314 meeting
                2/22/10 Report of No Distribution
                4/20/10 Discharged 5/20/10 Closed!

                Comment


                  #9
                  After filling out Schedule I and J--Looks like Chap 13 is in my future

                  >$500 in disposable income.

                  I added pets (2 cats) and personal hygiene as an expense to J. Is that often accepted?
                  Is there anything else I can add that's not listed?

                  Comment


                    #10
                    Have you included charitable contributions? school lunches, after-school care, haircuts for both spouses, "personal care" (makeup, etc), laundry(soap, softener, dry clean)?
                    1/15/10 Filed ch7 2/18/10 314 meeting
                    2/22/10 Report of No Distribution
                    4/20/10 Discharged 5/20/10 Closed!

                    Comment


                      #11
                      Had laundry soap. While in the bathroom today...toilet paper, deodorant, shampoo, soap, razors, spray cleaner, paper towels, garbage bags, Drano...I'll have a couple months to come up with a thorough list.
                      These better be accepted.
                      For the record. Single guy no kids.

                      Comment

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