Schedule J agony

[sobeit]

Like many of you, I am agonozing over my means test versus my schedule J. I have a really borderline situation according to the bk rules. I am about 6k a year over the median for my state. On my means test, I end up with a $72 DMI, 60 month $4,320. My threshold debt payment would be 10K, so I'm all good here.

The schedule J is very challenging for me, though, because I can't quite justify expenses up to the standards for transporation and non mortgage expenses. I'm struggling between trying to seem thrifty, but also realisic. The J is also confusing because it does not itemize like the standards do.

I put the following schedule J together. Of note I am single, childless, and live alone with my dog and 2 cats- two have some medical issues. Would love any input or advice!

Mortgage 1049 (includes taxes and insurance)
Electricity 90 (based on yearly average + 5 to allow for wiggle room)
Water/swer 75 (again, based on yearly average)
Telephone 73
Cable 45
Garbage 26
Home maintenance and repairs 150
Food 300
Clothing 60
Laundry 20
Medical and dental 120
Transportation 300
Recreation 50
Charitable contributions 25
Auto insurance 120
Auto payment 290
Subtotal: 2793
Other:
Personal hygiene products, barber: 30
Pet care: 80
Tobacco/tobacco cessation products: 120 (yes...i should quit...thus the "cessation products" alternative)
Total: 3023

Average monthly income 3027.66
Monthly net income: 4.66

SO...if they don't allow the tobacco/pet care....I'm in trouble. Any advice or where I might be able to increase other categories?

THANKS!

[chriselle]

so far you are good. But revisit the IRS guidelines because there are some that you might increase and maybe just in case they ask you can justify. I have seen other's put almost 400 for food per individual, 86 for clothing. I suggest do not put tobacco, they will raise some eyebrows.

[sobeit]

Thanks. I played around with it some more. I snuck a little bit per month into my healthcare expenses for "tobacco cessation."


Revised:
MORTGAGE 1049
ELECTRIC 85
WATER 75
GARBAGE 26
PHONE 73
CABLE 45
HOME MAINTENANCE 180
FOOD 340
CLOTHES 65
LAUNDRY 20
MEDICAL 150
CHARITY 30
RECREATION 50
TRANSPORT- Gasoline, repairs, maintenance, parking, public and other necessary transportation 320
AUTO INS 120
AUTO PAY 290
OTHER
PERSONAL- Hygiene products, barber, misc 40
PETS- 2 cats, 1 dog: Food, medications, routine vet visits 80
Total expenses 3038
Income 3027.66
DMI -10.34

[momofthree]

Can you prove those medical expenses? I only ask because IRS standards are $60/mo, and you're listing almost $100 more than that per month, so if your trustee is picky, he could object to that one if you don't have proof.

You can mess around with your insurance, decrease deductibles on your auto insurance, raise your coverage. I don't see life & disability insurance listed, you can sign up for those to add another $100-$200/mo in expenses. Then if they object to anything else in your budget, you'd hopefully still be safe....

[sobeit]

Thanks. I can justify the medical expenses, though I don't know how picky they are. Some are definitely estimates based on past experiences. My insurance coverage carriers a deductible and 20-30 copayments, and I have some ongoing health issues.

[sunshinepa]

Based on what I have seen and read on the US Trustee and/IRS National Standards, if you follow those quidelines it states you can claim xx as defined for housing, util and etc. and not be questioned as long as you don't go over. You may want to look at that.

Any experts disagree? Just a suggestion based on what I read on those sites.

[sobeit]

Thanks. I think this is the 10 million dollar question. If you can only show about half of the allowable expenses in the form of bills, are they going to allow you the remainder of the standard allowable? For instance, in my case, my local standard for nonmortgage expenses is $413. My actual average utility bills equal about $193. Is anyone going ot question it if I put the remaining $220 under "household repair/upkeep"? I feel like I keep finding different answers to this question.

[momofthree]

Thanks. I think this is the 10 million dollar question. If you can only show about half of the allowable expenses in the form of bills, are they going to allow you the remainder of the standard allowable? For instance, in my case, my local standard for nonmortgage expenses is $413. My actual average utility bills equal about $193. Is anyone going ot question it if I put the remaining $220 under "household repair/upkeep"? I feel like I keep finding different answers to this question.

Your utilities listed here total $304....but I think you're probably fine on the household repair/upkeep if you have an older home. Again, you'll want to have high enough expenses overall that if they do question your home maintenance expense, you'll still be okay....

ELECTRIC 85
WATER 75
GARBAGE 26
PHONE 73
CABLE 45

[sobeit]

Ah, thanks. I was confused and counting telephone separately.

I think I have this all straight now. The only things I'm concerned about are them accepting my $150 a month for health care (though I made a spreadsheet of average care and costs over a year, with some cushion for the unexpected but, and I think it looks reasonable). I think with my 6 month back pay, I'll have a DMI of $15. However, my current pay at the time of the filing will give me about $115 DMI. My attorney says, however, they'll want to see some DMI to reaffirm my car, and $115 x 60 is still in the "presumption does not arise" range. Sigh. I think it's time for me to stop obsessing over this and let my attorney take over.