Line 21 of the Means Test

[Justpoor]

Sorry to bother you all. I have searched the threads and the web and can't seem to find my answer. What do you put on line 21? I have been putting the difference between the allowed deduction and what I actually pay in mortgage each month. Is this correct? What I enter on line 21 could change my life (13 v. 7).

[justbroke]

Line 21 of what Form? On Form B22A (the means test for Chapter 7), line 21 has to deal with "adjustments" for housing standards. On Form B22C (the means test for Chapter 13), line 21 deals with your annualized income.

I'm going to guess that you're using Form B22A (the means test for chapter 7) because of the way your wrote your post. Specifically you say "have been putting the difference between the allowed deduction and what I actually pay in mortgage each month".

Do not put anything on Line 21. It's a trap. Hardly anyone can get by with having anything on line 21. it's a long story, but the only argument there is if you believe that the IRS or US Trustee has miscalculated the way the Non-Mortgage/Non-Rent expense is divided from the Mortgage/Rent expense. Just suffice it to say that you don't put anything there unless you want a fight.

If you have a mortgage that you're continuing to pay, then you put the mortgage on Form B22A Line 42. That makes up for the "difference" between the IRS allowance and what you actually pay.

Example: if your mortgage is $2,100 a month and the IRS allowance is $1100 a month, then the amount on Form B22A Line 20B should read "$0.00" and then you claim the full mortgage amount on Form B22A Line 42 as $2,100.00.

Are you filing pro se? If so, do you at least have the NoLo Book?

[Justpoor]

Thank you Justbroke. I have an attorney that hasn't retyurned my emails. I do have an appt with him on Wednesday. I think I'm screwed since you said not to put anything on that line. Thank you for the answer.

[justbroke]

Thank you Justbroke. I have an attorney that hasn't retyurned my emails. I do have an appt with him on Wednesday. I think I'm screwed since you said not to put anything on that line. Thank you for the answer.

If you have an attorney, why are "you" putting something on line 21? The attorney would have given you a checklist/sheet to fill out and complete... not the actual BK forms.

Of course, this is all my opinion. I don't know how all the attorney offices work. However, I'm a strong believer that no BK attorney should ever ask the debtor to complete the official forms. Read them, review them, sign them, yes!

[Justpoor]

I've been through custody battle after custody battle pro se and with attorney and have learned not to rely on them. I want to learn as much as possible about this means test since it seems that it is quite pivotal in my future. The attorney will do the actual form however I am going to crunch the numbers and attempt to determine what to keep and what not to.

Can I ask you...I spend $320 a month on gas and tolls and that's at $2.34 a gallon. Can I put that anywhere?

[justbroke]

Can I ask you...I spend $320 a month on gas and tolls and that's at $2.34 a gallon. Can I put that anywhere?

Are you above median or below median income? (Will depend on that.)

If above median, then you use the IRS allowance on Line 22A for "operating expense". If you are below median, then they'll use your transportation expense from your Schedule J. You should probably still use your "actual" on Schedule J regardless of over/under median.

Actually, you're probably better off using the "on-line" means test at LegalConsumer.COM.

[Justpoor]

Thank you! I am over median income. I will checkout the site.