IRS standard v's actual rent payment...

[berrymom31]

Were giving up our house moving to another town. In the county we live now, the irs rent standard is 866, so when we moved we really tried to find a rental for that amount..and we did. Our rental payment is 865 and this was the lowest we could find for a decent rental for our 5 person family. I checked the irs standard for the new county and...it is 566 for a family of 5, which seems absolutely ridiculous. I told my atty, who did not seem concerned, but were getting ready to start our 6 month period with me quitting my job on October 1st, and I don't want to have gone through all of this just to find out the UST will not allow the additional expense and be pushed into a 13....has anyone ever justified a higher rent payment and been successful? Common sense would tell me that even the UST might figure that number to be lower than needed and let us claim that extra $300 on our means test without question...just wondering if anyone had this experienced and the outcome...

thanks!

[Help!]

You are probably fine and it is highly unlikely your case would be dismissed/coverted just because of the rent payment. It is always an expense that could be reduced if the UST decided to re-work your entire means test.

[Cali]

I want to live where you are with rent at that rate. LOL

I was over the IRS standards by 375$.

[Scott50]

I think its going to come down to the individual trustee.. A Chapter 13 isn't the end of the world..

[MomIcantFindmy]

I had this exact problem. We had rent of $1200, utilities $325 ($1525 total) and the allowed housing and utilities was $1,360. We lived in one of the cheapest rentals around and our attorney told us the trustee would not allow the increased number. We could either move to a cheaper rental (which their we none or it would be out of the school district) or just plug in the lessor number and see how it goes....ugggg!! Your attorney may know how the trustee is in your area.

[Frogge]

That's a good point - Berrymom, the total expense includes rent + utilities as housing expense so I bet that helps you.

[berrymom31]

Yeah, believe it or not the utilities are 504 and rent 566...and this may help a little, but that leaves only $200 for utilities...I guess we'll see...


and, no chapter 13 would not be the worst thing in the world, but we are giving up our house, quitting my job and it would be a bummer if we were pushed into a 13 at that point!

[Cali]

I totally forgot about the utilities, so I was more than 375$ over then. The rent alone was more than 2526 that is allowed for us.

[catdance23]

I'm about $1,100 over. Rent alone is $2,800 and then add utilities to that. I do have a $450 buffer on my means test so if they change it hopefully it won't be by too much. I'm under for food.

[berrymom31]

I've found my life has been reduced to a head full of numbers and a heart full of prayers that they all fall into place correctly. I feel like a mouse scampering to find enough crumbs to form 1 whole cookie.

[Cali]

My rent is 2900$, which doesn't include utilities at all. We got lucky finding a place so cheap here.

Do you live in Northern VA?

I am over on food.

I'm about $1,100 over. Rent alone is $2,800 and then add utilities to that. I do have a $450 buffer on my means test so if they change it hopefully it won't be by too much. I'm under for food.