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Means Test questions 21 and 25

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    Means Test questions 21 and 25

    I recently filed Ch 7 and since I am over the median income for my state, passing the means test is obviously very important.

    Here's a copy of the questions so you can familiarize yourself:

    21: Local Standards: housing and utilities; adjustment. If you contend that the process set out in Lines 20A and 20B does not accurately compute the allowance to which you are entitled under the IRS Housing and Utilities Standards, enter any additional amount to which you contend you are entitled, and state the basis for your contention in the space below:

    25: Other Necessary Expenses: taxes. Enter the total average monthly expense that you actually incur for all federal, state and local taxes, other than real estate and sales taxes, such as income taxes, self employment taxes, social security taxes, and Medicare taxes. Do not include real estate or sales taxes.

    Now, here are the issues I'm facing:

    Regarding question 21....Since I had to replace my central a/c unit and one whole side of fence ($6000 total) this spring, my attorney has put my actual monthly utilities on line 21 and the IRS allocated amount in 20A (which hypothetically represents my housing costs alone). Has anyone else done this?

    Regarding questions 25....I claim 0 deductions so I always have a fairly healthy refund each year. My atty said I have to use what I actually paid in fed taxes, soc sec, and medicare last year and divide by 12. This makes for almost a $200 difference. I've rung up a pretty good pacer bill looking at other cases and every one of them have used the actual numbers that come out of their paycheck each month. Would anyone like to share their experience in this area?

    I'm not too concerned with my trustee as she's a prominent bk atty in my area and is good friends with my atty. I'm more worried about the US trustee trying to attack my numbers in order to force me into a 13.

    Any help is greatly appreciated.

    If you're in the same boat as me, pm me and I'll email you my case info.
    11
    Above
    27.27%
    3
    Below
    72.73%
    8
    Last edited by cr2285; 06-04-2006, 09:22 PM.
    Filed Ch 7: 02Jun06.......Credit after BK:
    341: 28Jun06...............11Sep06 - Orchard Bank $300
    Discharged: 29Aug06.....15Sep06 - Hooters MC $1000
    Closed: 29Aug06...........18Sep06 - Cap One $300

    #2
    Originally posted by cr2285
    <snip>I claim 0 deductions so I always have a fairly healthy refund each year.
    Normally, claiming zero deductions INCREASES tax liability..please explain..
    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.

    Comment


      #3
      Originally posted by cr2285
      I've rung up a pretty good pacer bill looking at other cases and every one of them have used the actual numbers that come out of their paycheck each month.
      Quite possibly, their paycheck deduction corresponds to their end-of-year liability. As it does in mine.
      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.

      Comment


        #4
        No it all,
        I'm guessing that they claim zero dependents all year so more taxes are taken out and then at the end of the year claim dependents, thus creating a large refund..............
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          Originally posted by cr2285
          My atty said I have to use what I actually paid in fed taxes, soc sec, and medicare last year and divide by 12.

          I would say your attorney is giving you excellent advice..
          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.

          Comment


            #6
            Originally posted by Minnymouth
            No it all,
            I'm guessing that they claim zero dependents all year so more taxes are taken out and then at the end of the year claim dependents, thus creating a large refund..............
            Gotcha..
            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.

            Comment

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