6 month look back ??

[debee]

The only thing I can think of now is about the gas and tolls. My husband has to pay for mandatory parking per month ($30) and we both drive the toll roads (in FL it's almost impossible to not) and that equals about $60-$70 per month. Gas here is over $3.00 a gallon so if we fill up once a week it's $45 for me and $35 for my husband - give or take depending on the weeks the kids have "specials" at school then it's a little more those weeks.

If you go over any standard, but can document what you're spending and so long as it's "reasonable & necessary" (driving to the mountains in another state to go climbing every weekend wouldn't be considered "reasonable & necessary") then you should be fine.

So does even though the means test says I passed I could still be put into a 13?

Yes. If your DMI is $117, the only way you can rebut the recommendation to convert to a 13 is if ($117x60) wouldn't be enough to pay 25% of your unsecured debt. If your DMI is $195.42, there is no rebuttal. You'd be a 13.

Oh my husband's bonus is not guaranteed. He did get one in 2010. I'm pretty sure he won't be getting one for the next 3 years as he is in a pay freeze.

Did he get one in 2009? 2008? Because if he didn't, I was suggesting it might be possible to leave it off the means test (your attorney would know whether this is allowed in your district) as a one-time thing.

eta: on behalf of ccsjoe: Don't Freak Out!!!

[Freddy03]

Thanks

When I did the means test online it stated my dmi was $88.

I can't remember if he got a bonus in 08 or 09 b/c hey we were living the "high" life then...LOL Tomorrow I'll check.

[debee]

When I did the means test online it stated my dmi was $88.

But your schedule J DMI is around $160 and I believe that is going to be a problem for you, Freddy. Passing the means test allows you to file Chapter 7 but it doesn't mean that your case won't be dismissed.

[tcreegan]

Hi all, Hi Freddy03,

I absolutely would not count on this upfront, but maybe as a backup plan...there have been cases where the court ruled that a 1-time pay could be excluded if it produced an "absurd result" Have also seen the 'annual' bonus averaged over 12 months...Definitely something to ask your attorney about. Again, I wouldn't want to rely on this going in, just as ammunition to rebut a intransigence trustee....

Also need to watch out for ownership expense on paid-off vehicle, Supreme Court just said No

So all you financially responsible people who maintain their cars and pay them off...

Thanks for nothing
Sincerely,
Supreme Court

[Freddy03]

I will email my attorney tomorrow about his bonus b/c it is a yearly performance bonus. It's not guaranteed and with the pay freeze I'm pretty sure he won't be getting them for the next few years.

I'm going to crunch the numbers again and work on the insurances. Hopefully I can get my dmi down.

Thanks everyone

[debee]

LOL Tom.

Freddy - Just to clarify, the disallowed ownership expense that Tom refers to is strictly a means test issue, and not the same as the extra $200 that filers outside the 5th, 7th, and 8th circuits can claim on their paid off, over 6yr or 75K cars. The $200 is in addition to the local standard amount on line 22A of the means test and presumably carries to schedule J as well.

[JEM]

As a family of four, you should be able to list $240 in medical, that will decrease your DMI by $165

I agree. $75 for medical is low. 2 out of 4 of us wear glasses and I take 3 prescription meds, but even without these, I'm sure we'd spend more than $75. DEFINITELY up the medical.

[Freddy03]

Ok here is an updated list.

Expenses:
Gas (cars)- Montly $320.00
Food/Cleaning/Personal - Monthly $1,200.00
Clothing - Monthly $150.00
Medical - Monthly $189.00
Utilities - Monthly (Electric/Water) $321.00
Cable/internet - Monthly $130.00
Phone (3 cell phones only)- Monthly $150.00
Home - Tax/Ins $250.00
HOA $75.00
Mortgage $1,650.00
HELC - Mortgage $271.00
Car $385.00
Misc - Car/Home Repairs $200.00
Tolls/Parking $75.00
Auto Ins $200.00
Entertainment $100.00
Misc - Pet Care $50.00
Gifts $50.00

Total: $5,766.00
Total take home pay (minus taxes,insurance,union dues, etc.) $5731 (including all bonus received in the last 6 months)

I worried about the gifts, entertainment and pet expenses. I'm still working on adding to my list. Just have to go thru all receipts.

One more question - my husband gets a VA disability check once a month. It's not much. Does this get added as income??

Thanks!

[JEM]

Was that supposed to be VA disability? If so, then yes, added to income.

I personally think you could up you gas expense a bit. We had a little less than you have --and going over our budget sheet, our attorney said that was probably going to be too low. Look how gas prices are going up every WEEK. You could probably add maybe another $25 to it. ??? That'd put you at almost even, or you could take $25 off of you entertainment or pet expenses if you are worried about it.

[Freddy03]

Was that supposed to be VA disability? If so, then yes, added to income.

I personally think you could up you gas expense a bit. We had a little less than you have --and going over our budget sheet, our attorney said that was probably going to be too low. Look how gas prices are going up every WEEK. You could probably add maybe another $25 to it. ??? That'd put you at almost even, or you could take $25 off of you entertainment or pet expenses if you are worried about it.

LOL Yes it's his va disability. I thought someone said before that it wasn't added as income. If I have to add it then we are back to being + DMI.

I pulled all our gas receipts and it was just about $321. I could probably add $20 more to medical. I'm going to have to do some more digging.

Thanks

[JEM]

VA is added. My dh gets VA disability too. $475/month. So it does hurt the DMI. It can't be garnished. But it can be used to figure a CH13 payment. I'm not really sure how there's a difference though. LOL.

I think you could add $20 more to medical and $25 more to gas. That would eat up another $45/month.

You didn't say how much the VA was, but I do think you have a bit more wiggle room in your expenses. Don't fret just yet.

[Freddy03]

Thanks - I went back and added the VA ($110) and reduced my pay b/c I am going to take those days off without pay to reduce my paychecks with the difference.

I've come up with a +37.17 DMI

Would that be enough to fund a 13?

My attorney said to get it under $100.