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means test vs. schedule J

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    means test vs. schedule J

    If I wrote that right...sorry, still learning.

    When I do the means test at legal consumer (don't need to...under median, but did it anyway), I have a negative DMI of 822. When I do a schedule J, I come up with a positive DMI of 44. The big difference is the food/clothing/rec category. We're allowed $1895, but I'm coming up with 1152 on my schedule J.

    My concern is them letting us reaffirm our auto. Do they only look at schedule J for that, and not the means test? Because if you look at the means test we can't afford to keep it!

    My other concern is what is allowed on that schedule J. Cell phone? Satellite? 401k contributions? student loan? If they aren't allowed in my area, I can just increase the areas I'm under in since this is current and forward looking, right?

    TIA

    #2
    Means test uses IRS figures to determine if there is a presumption of abuse. It does not ask for your actual expenses, and you may spend below what the IRS guidelines are in some areas. Schedule J should rely on your actual expenditures.

    401k contributions would not be on schedule J - they'll be on schedule I which is the income schedule. They should be listed as a deduction, so already reflected in your net income. My atty listed cell & cable/internet as 'other' on our schedule J.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

    Comment


      #3
      Ok, so it just means we're not abusing, so that's good. Phew.

      On the 401k, understood. I was looking at my personal spreadsheet when I wrote that, and I don't have them separated into what's deducted under which form-just my bottom-line total subtracted from gross income. I didn't count them twice.

      Comment

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