vehicle expense/means test

[hhwwe2]

hi,

I am trying to get things in order for filing chapter 7. I was unable to get my income under the median for the last 6 months but only missed by $100.
I have 57,000 in unsecured debt and 24,000 in IRS debt(of which 16,000 CAN be discharged).
i tried passing the means test for MI(48047) but it seems that i won't pass as I have no vehicle. Am i allowed to claim the vehicle ownership and operating dedeuctions for 1 car even though I don't currently have one?
Should i
a)qualify anyway for 1 vehicle standard amount
b)buy a junker to qualify for 1 vehicle standard
c)apply and try to get a MOST LIKELY high interest loan(if even possible) and then file

due to a current garnishment and other factors I can't wait any longer to file, i have to do something VERY soon.

thanks for any help

[newbie2]

hi,

I am trying to get things in order for filing chapter 7. I was unable to get my income under the median for the last 6 months but only missed by $100.
I have 57,000 in unsecured debt and 24,000 in IRS debt(of which 16,000 CAN be discharged).
i tried passing the means test for MI(48047) but it seems that i won't pass as I have no vehicle. Am i allowed to claim the vehicle ownership and operating dedeuctions for 1 car even though I don't currently have one?
Should i
a)qualify anyway for 1 vehicle standard amount
b)buy a junker to qualify for 1 vehicle standard
c)apply and try to get a MOST LIKELY high interest loan(if even possible) and then file

due to a current garnishment and other factors I can't wait any longer to file, i have to do something VERY soon.

thanks for any help

No, you can't claim an expense if it doesn't exist. However, if you use public transportation (bus, taxis, etc) you can claim the transportation expense.

I don't know if the trustee would question a recent purchase of a vehicle just for expense purposes, perhaps others can chime in on this.

[momofthree]

As long as you can exempt any equity in a car that you purchase, you shouldn't be questioned. Here in the good ole USA, a car is considered a necessary living expense, hence it's appearance on the means test...