Means Test help

[stevem3827]

Our attorney has filed our petiton and now the trustee has requested more information as he reviews for possible dismissal for abuse. We knew we were close on the means test for a Chapter 7 but I believe that the paralegal that completed the forms missed information or completed it incorrectly. There are several items that are blatantly wrong.

In looking closer at the Means Test, I am wondering if there are more errors. On line 20a, she hs $596 for the local standards on housing and utilities, which is correct per the usdoj website. In 20b, line a, she has $1344 (correct std amount) and line b, $1808, our actual mortgage amount, and nothing in the "net" total column. On line 21, adjustments, it is blank. Shouldn't there be some reference to the IRS standard to claim the difference between the $596 and $1808 with an explanation back to the IRS standard?

Also, on line 37 Home Energy Costs, if the $596 is correct for Line 20a, shouldn't then this line reflect all other adjustments over and above the $596 (currently blank)?

[ValleYum]

Our attorney has filed our petiton and now the trustee has requested more information as he reviews for possible dismissal for abuse. We knew we were close on the means test for a Chapter 7 but I believe that the paralegal that completed the forms missed information or completed it incorrectly. There are several items that are blatantly wrong.

I am not trying to sound mean, but it was 100% your responsibility to thoroughly go over your petition before signing it and filing. You will need to file an amendment after you make your corrections.

In looking closer at the Means Test, I am wondering if there are more errors. On line 20a, she hs $596 for the local standards on housing and utilities, which is correct per the usdoj website. In 20b, line a, she has $1344 (correct std amount) and line b, $1808, our actual mortgage amount, and nothing in the "net" total column. On line 21, adjustments, it is blank. Shouldn't there be some reference to the IRS standard to claim the difference between the $596 and $1808 with an explanation back to the IRS standard?

Line 21A - Is the amount allowed by the national standards on the DOJ website for: maintenance and repair; homeowner association dues; condominium fees; gas, electricity, water, heating oil, bottled gas, trash and garbage collection, wood and other fuels, septic cleaning; basic telephone and cell phone service.

Line 21B(a) - Is the amount the national standards allow for rent/mortgages for your zip code/family size per the DOJ website.

Line 21B(b) - Is the monthly payment amount for your mortgage.

Line 21B(c) - Is ONLY filled in if your mortgage is LESS than the national standard - the amount on Line 21B(a) minus Line 21B(b) gives you the amount to put on Line 21B(c) but you can not enter less than zero - therefore yours being blank would be correct. You will get to use your actual mortgage amount later in the Means Test (Line 42).

Also, on line 37 Home Energy Costs, if the $596 is correct for Line 20a, shouldn't then this line reflect all other adjustments over and above the $596 (currently blank)?

If you have documented proof of your energy costs exceeding the amount on Line 20A (and that they are reasonable and necessary), then you can use that excess amount on Line 37 of the Means Test.


This document gives line by line explanations for Means Test entries: http://www.justice.gov/ust/eo/bapcpa...ne_by_line.pdf

NOTE: The automobile portion on the above PDF is out of date due to the Ransom decision - this means you couldn't claim the auto ownership expense on the Means Test unless you have a payment on the vehicle. I just didn't want you to think you found any other 'errors'.

I hope this helps!! Good luck and keep us posted.