Really looking for input regarding income in chapter 7....

[ValleYum]

ValleYum .... I'm almost there. First of all, thank you so much for taking the time to help me understand this.

So the net ownership expense ends up being the difference of what the IRS standards are and what my actual payment for the car is, or close to it? No, on the B22 it ends up being the difference of what the IRS standards are and what your Average Monthly Payment is computed to be on Line 42.

Car #2 the actual payment is $439, but the paper work shows $351, so that amount is wrong, right? I presumed it was wrong because of the balance you owed and the time (60 months) the payment is spread over to come up with the Average Monthly Payment *and* based on what he wrote for line 24 of the means test. It may just be an error on the Trustee's part with so many numbers to look at. It is hard to tell without actually seeing what the trustee sent.

OR was that another IRS standard issue and they changed it? Remember, again, the Means Test paper work needs to show your Average Monthly payments - one that is computed from your total balances divided by 60 months on Line 42 a and b.

Your real car payment amounts should come into play on Schedule J (there may be a possibility the Trustee would cap your higher car payment at the IRS standard of $496 - so be prepared for that).

My big question is, if I owe 596 and 439 per month for car payments and I want to keep them and I end up having to go into a 13, will I have to take money from other things to make up that amount of the payment, or should this even out between the ownership cost/ownership expense???? I'm just worried about having to take money from another part of my budget to make up this difference in the car payments. I am not a Chapter 13 expert - but it will even out IMO since they pay secured debts first *AND* because the full payments (or close to them) should be showing on Schedule J. Remember the 2 things -Means Test and Schedules I/J - are very different. The Means Test is the weird computations and very strict parameters required by BAPCA and Schedules I & J are more of you listing your actual (and some forward looking) income and expenses that are up to the Trustee's discretion of what is reasonable and necessary.

My attorney is supposed to call me today to go over the documentation that the trustee requested and to go over the B22A. I'm just hoping there are enough errors on the trustees end to keep me in a 7, but who knows at this point. Ask him to send you a PDF file of your entire petition or at minimum your B22 (Means Test) and your Schedules I & J.

I went from a negative 125 on means to 1041 in DMI, big difference.....but a major chunk of that is another wrong amount that the trustee entered for health insurance and he also factored in my daughter's SSD, so not sure if that will stay in there or not. I should know more by the end of the week. If you are counting your daughter as a family member, her SSD is not counted in the Means Test - but may come into play on Schedule I. The biggest thing is to find expenses to offset the addition of her income. I remember water therapy as 1 item specifically for her. Are her medical expenses (out of pocket) higher than $60 due to her TBI? Does she see a counselor? Possibility of Hyperbaric oxygenation (HBO) treatment for her TBI? Respite care for her? Public transportation costs for her? Socially stimulating activities for her?

ValleYum -- I want to add, on schedule J, my attny has car #2 as $439, That is correct for schedule J. on the means test he has it as $351.20 (line 24b). I don't know how he got this number of $351.20 for Car #2. Should this be the actual amount of $439 on line 24b??? No, on the Means Test you use the Average monthly Payment amount - the one you get by computing your total balance due to the lender and dividing it by 60 months on Line 42.

I hope this helps and doesn't confuse you. Remember, I am not an attorney, nor did I stay at a Holiday Inn Express last night.