Which Means Test would I take if I am moving?

[StrawberrySu]

Would I take my old state, where the housing allowance is $658, or new state where it is 1170? Or does this go by the 90 day rule as well?

[LadyInTheRed]

Use the standard for the state you will live in at the time you file.


From Bankruptcy Code Section 707(b)(2)(A)(ii)(I):

The debtor’s monthly expenses shall be the debtor’s applicable monthly expense amounts specified under the National Standards and Local Standards, and the debtor’s actual monthly expenses for the categories specified as Other Necessary Expenses issued by the Internal Revenue Service for the area in which the debtor resides, as in effect on the date of the order for relief, for the debtor, the dependents of the debtor, and the spouse of the debtor in a joint case, if the spouse is not otherwise a dependent.

http://www.law.cornell.edu/uscode/uscode11/usc_sec_11_00000707----000-.html

The "order for relief" occurs automatically at the time of filing. I'm not going to provide a source for that, but I did look it up once when the question came up here a while back.

[StrawberrySu]

Use the standard for the state you will live in at the time you file.


From Bankruptcy Code Section 707(b)(2)(A)(ii)(I):

http://www.law.cornell.edu/uscode/uscode11/usc_sec_11_00000707----000-.html

The "order for relief" occurs automatically at the time of filing. I'm not going to provide a source for that, but I did look it up once when the question came up here a while back.

Thank you so much, I couldn't seem to find this information anywhere!