Means Test Form Question

[dinosaurlove]

Hi, I have a couple of questions about the means /test form. I have been analyzing several scenarios with the form to sort of get a novice idea of where I stand before I go talk to my attorney.

Question 1 - for housing payment related to mortgage or rent - do you go with the allowed max for your zip code or is it the actual mortgage / rent amount. For ex - my monthly payment is $1400, my zipcode per DOJ website allows for $1800 +/- for housing related to mortgage expense. The means test form I utilize automatically fills in the DOJ recommended allowance and does not allow me to put in my actual expense.

Question 2 - I owe approx $3000 on one car. For car expense do I divide the $3000 by 60 months and utilize that figure, or the actual payment of $376 / mo? I'm thinking I have to use the divided number, which is $49/months=.

Thanks for your input.

Ps - I hope this was the right thread for this question.

[LadyInTheRed]

Question 1: There is another place to put your actualy expense. Line 47. Here's the actual form: http://www.uscourts.gov/uscourts/Rul...B_22C_1210.pdf If the calculator you are using doesn't have a place for it, try this calculator: http://www.legalconsumer.com/bankrup...nd+Rock#Part5C

Question 2: You are correct. Divide the total by 60.

[dinosaurlove]

Thanks for your response.

I have been utilizing the same form that you linked. In regards to Line 47, I see on the form that that is a total of all deductions and is basically calculated for me based on the expense I entered earlier in the form. Did you mean Line 42a by chance? I see that is where you enter your actual mortgage expense. However, and I should have clarified this, I am renting, and the information link on the form states that this category expense (42a) does not include property subject to a lease. I don't see a place to put my actual rent expense and have been assuming that I utilize the allowance pre-filled for my zip code. Line 47 appears to be a total. Thoughts?.... and thanks again for your input.

[dinosaurlove]

Ooops, I just opened you other link which appears to be the current actual form (not the calculator... some of the columns are different). For Line 47a it appears to be for secured property. I am a renter so I assume I leave that blank. For line
25Ba, do I utilize actual expense or the allowance amount indicated? I hope that makes sense and thanks again.

[LadyInTheRed]

Sorry, I was focused on mortgage. If your rent exceeds the local standards, you enter the local standard and then use line 21 of the calculator, line 26A of the actual form for the amount over the standard. This could result in an objection by the trustee. But, if your rent is reasonable in your area, hopefully the trustee will know that.

[HHM]

If you are renting, line 25B is the allowance amount, not actual.

So, for 25(B)(a), you put the allowance amount, for 25(B)(b), you would put $0.

Since your actual rent is lower than the allowance, you wouldn't touch line 26.

[LadyInTheRed]

Just read again and see that your rent is lower than standards, not higher. Enter the local standard.