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Means Test - Question

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    Means Test - Question

    Can somebody that knows please answer this question about the means test?

    "Sub-Part C Deductions for Debt Payments"

    This section asks for ALL payments due over the next 60 months for ALL secured property. According to the tab it includes vehicles and house.

    If I already included the house payment under housing and the car payments under transportation....what is supposed to go here?

    It reads as if I total up the amount owed on the vehicles and divide by 60 and then leave the house payment as is but include it here because it wont change. Is this correct?

    I am doing the means test AGAIN because my attorneys office botched it up.

    Thanks
    ST
    Filed 7 - 7/8/10, 341 - 8/17/10 - Continued, Presumption of Abuse Filed - 8/27/10
    Report of No Distribution 9/27/10. Discharged 2/7/11 Closed 02/25/1
    10/12 EXP. 681

    #2
    On line 20a you list the standard deduction from the IRS standard. If you have a mortgage you list that on 20b. Subtract b from a. In my case, the mortgage was over the IRS standard so I entered 0. In section C you would then enter your mortgage payment on line 42.

    I didn't have any auto payments but it appears the same type of logic applies for line 23 if you have loans on the auto(s). In my district we are allowed to use the IRS standards for line 23 even if there is no auto loan, but then we don't list anything for autos in line 42.

    Comment


      #3
      Try putting your numbers into the means test calculator at http://www.legalconsumer.com/bankruptcy/means-test/ It really helps to see where they want the numbers, and then you can just verify that their standard deductions have not changed instead of risking putting things in the wrong place. (I had things very wrong before I fed it into the calculator.)
      I am not an attorney. I am just a fellow passenger on a sinking ship. Anything posted above is my opinion or best guess, and nothing more.

      Comment


        #4
        Ok, so this time I started on line 42 and entered the numbers there first. I just entered my actual mortgage payment plus taxes and insurance.

        I then took each vehicle, totaled the amount remaining to pay it off and divided by 60. I entered those numbers on lines 42 b and c. These numbers were far less than my actual payment; however, this was the payoff amount divided by 60.

        Entering these numbers using the nolo calculator, the system automatically updated my numbers on Line 20b and line 23, 24. It shows the amounts less the IRS allowance in those columns.

        Is this correct? I now show negative DMI of $977 when I include ALL the deductions I can take.

        Stressed....341 on Tuesday.

        ST
        Filed 7 - 7/8/10, 341 - 8/17/10 - Continued, Presumption of Abuse Filed - 8/27/10
        Report of No Distribution 9/27/10. Discharged 2/7/11 Closed 02/25/1
        10/12 EXP. 681

        Comment


          #5
          It sounds like you have it right (or at least the same as mine showed up.)

          Good luck at your 341!
          I am not an attorney. I am just a fellow passenger on a sinking ship. Anything posted above is my opinion or best guess, and nothing more.

          Comment


            #6
            Ok, I will submit to my attorneys for the corrections.

            Thanks Again
            ST
            Filed 7 - 7/8/10, 341 - 8/17/10 - Continued, Presumption of Abuse Filed - 8/27/10
            Report of No Distribution 9/27/10. Discharged 2/7/11 Closed 02/25/1
            10/12 EXP. 681

            Comment

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