question about car payments..

[waldo05]

Hello everyone,

I have a question. We have a current car payment of 350.00 but we only have 30 months left on the car. I believe that they look at a 60 month time frame, which would mean the prorated payment would be 175.00. Would I have to use the 175.00 amount on the means test, even though we are paying 350 a month for the next 30 months? The difference may be the difference in passing the means test or not. Thanks

[Naomi]

The Average Monthly Payment is the total of all amounts scheduled as contractually due to each Secured Creditor in the 60 months following the filing of the bankruptcy case, divided by 60.

That's from the means test. So, I think you would have to put in the lower amount, not what you actually pay.
That's how I understand it anyway. We also have a car loan with only 27 months left to pay and I don't expect to get to claim the full payment amount.