Question about Means Test and Deductions for food,gas,etc.

[bodine1231]

I'm pretty sure I past the first part of the means test but I've been filling out the 2nd just in case. I've been using the online calculator on Legalconsumer.com for my county (baton rouge) and starting at 19a it lists your various living expenses such as food,utilities,etc. On this form they are locked in using the IRS standards,when taking the real means test do you put what you actually pay or are the IRS standards used? Because using the IRS Standards would help me bigtime because I don't pay anything near that in utilities.

[debee]

You get to use the IRS standards.

[bodine1231]

You get to use the IRS standards.

Ok cool,because when my friend filed he said the lawyer had him fill out what he actually pays each month on the means test but I think he was confused.

[free2breathe]

Your friend could have been thinking of Schedule J, where you generally list your actual expenses. That along with Schedule I determine your DMI (disposable monthly income).

[bodine1231]

Your friend could have been thinking of Schedule J, where you generally list your actual expenses. That along with Schedule I determine your DMI (disposable monthly income).

Is Schedule J and I different than the 2nd part of the Means Test? Because I fail the first part but pass the second only because all the fields are locked in.

[free2breathe]

This is where bankruptcy gets the most confusing I think. The means test is a look back - a starting point to determine where you stand, but schedule J and I are a look forward. Why they do it this way, I have not been able to completely figure out. But, it is what it is. Generally, it seems like as long as you aren't above the UST guidelines for any expense, you stay under the radar. I would just be careful not to list something that is allowable which is quite a bit higher than your actual. Looking at a bank statement could be enough for a panel trustee to see that you aren't paying your utility company that large amount on a regular basis.

If you want to list your Schedule J expenses for members of the forum to review, they may be able to suggest areas where you might not be allowing yourself enough for an expense and areas where the trustee might raise an eyebrow.

If your expenses on Schedule J are way lower than what you have on the means test, chances are you are forgetting something in J that someone can point out. Goal is to keep below the roughly $180 DMI