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question about means test

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    #16
    Originally posted by aa06a47
    If the car is secured, then in a 13, wouldn't you be able to keep it, wouldn't you be able to keep 15 cars?
    I dunno, but since he posted his question under the Chapter 7 area, it should probably be looked at (and answered from) a Chapter 7 perspective. I believe most if not all of the answers to his question have been incorrectly referencing a Chapter 13 case. The other thing is vocabulary and reading comprehension. NOT trying to be a smart @ss, but those two skills are the most important when working with these documents. The original poster questioned placing his auto loan on the Means Test since he <planned> on having it discharged. Well, the Means Test is a <snapshot> of your <current> financial obligations, not what you <think> they will be after BK. Second, someone wandered the thread over to expensing more than two vehicles, which although interesting, has nothing to do with the post or the Means Test. Grab a copy of form B22A and TRY to find a place to expense a vehicle. You can't ! Oh, well, you can, but only for TWO of them, AND you use the Local Standards. If you had a third vehicle where <exactly> on the Means Test can you put the expenses? Now, if you look at line 42, you can put PART of the loan amount there, but only after you have amortized it over 60 months, so if your current loan has less than 60 months to run, you will not even be able to deduct the full monthly payment. Of course there is no place to claim the other expenses that go along with vehicle ownership, such as insurance, parking, registration fees, maintanence, etc, THOSE are considered expenses and the Means Test allows you exactly TWO vehicles. Anyone that says different is not understanding what they are reading, both in the posted threads and on the documents. Again, the amount of info on this forum that is flat out wrong is STAGGERING. I really hope someone hasn't been screwed because of it!!!
    NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

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      #17
      Originally posted by djk
      I would think that if only 2 of the 3 cars are being financed (if any at all) and the total operating costs of all 3 does not exceed the IRS limit then there would be no problem at all. I have no idea what the issue would be.
      No issue at all. Doesn't even make a difference if the third one is financed or not. You can have a hundred cars..You only get to expense them up to the Local Standards. In fact, if you DON'T have two cars it would seem to <me> that going out and buying clunker for a few hundred dollars would be an outstanding idea!! Around here that gives you about another $350/month on the Means Test !!! S-W-E-E-T Has anyone mentioned that before on this forum??
      NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

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