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HELP: Food&Clothes amount not at IRS Standard?

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    HELP: Food&Clothes amount not at IRS Standard?

    I am filing Ch 13 separately and our combined monthly income on Schedule I is 7045.00 (actual monthly income less payroll deductions allowed). The IRS standards for a family of four per month at the time I filed are:

    Food 754
    Housekeeping 74
    Cloths 244
    Personal Care 65
    Misc 235
    Total = 1370

    On my form 22C, line 22A, it has 1370 for the IRS standards which equals the total above.

    Now on my schedule J it has:
    line 4, Food = 650.00
    line 5, Clothing = 200.00
    line 17, Other, has Misc = 100.00

    What would cause my food, clothing and misc allowances on schedule J to be less than what is allowed by the IRS BK standards? I'm right at 15% on my unsecured (cc) payback. Puzzled????
    Met with attorney: Early 12/2009
    Filed Ch 13: 1/8/10
    341
    : 2/26/10

    #2
    Originally posted by ednasouth View Post


    What would cause my food, clothing and misc allowances on schedule J to be less than what is allowed by the IRS BK standards? I'm right at 15% on my unsecured (cc) payback. Puzzled????
    The numbers didn't just enter themselves in there did they? I would ask whomever completed the schedule how they derived those numbers.

    Comment


      #3
      ednasouth, from reading your other posts, it sounds like your attorney is in the process of negotiating with the trustee and re-working your numbers. Schedule J is for projected expenses. I don't know why an attorney would put less than the IRS standards unless it was the only way to get a confirmable plan. Ask your attorney.

      This won't help you at this point, but for anyone else reading this who has not yet filed: IT IS VERY IMPORTANT TO READ AND UNDERSTAND YOUR ENTIRE PETITION BEFORE YOU SIGN IT! Sorry to shout, but IT'S REALLY IMPORTANT to ask your attorney questions about anything you don't understand or agree with, especially when it's a Chapter 13 plan that you have to live with for five years. If you don't feel comfortable taking the time to read everything in your attorney's office, take it home and make an appointment to go over your questions with your attorney before you sign.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        Thanks TigerGem and Lady in the Red. I did ask about these and other things when I signed the paperwork and the PL said these are the standard allowances. My attorney didn't give me my final copy of everything until the 341. The TT questioned my day care expenses (not filed on taxes and no receipts since we use teenage children of friends/neighbors and mainly in the summer) and son's soccer expenses which I had under educational expenses. TT said the Judge would not approve. My attorney said we would amend it/ pad it and send it back. Since then I've been researching educational expenses, recreation expenses, etc. and ran across the food standards. I've asked the PL about this and they are working with the TT hoping he will accept the plan as is especially since I sent them an e-mail trying to justify spending about $100/month on soccer league fees. My son is ADHD, play "all star" soccer which practices 3x a week for 10 months. It gives him the physical activity he needs. If plan is accepted as is I will be happy. If my Att/PL did make a mistake shouldn't it be able to be amended? My conf hearing is next Fri. My attorney specializes in BK and has a good reputation, but I'm beginning to wonder... I've been under the impression that the way they are doing things is normal operating procedures when I've asked about things like not getting my copy of everything until the 341.
        Met with attorney: Early 12/2009
        Filed Ch 13: 1/8/10
        341
        : 2/26/10

        Comment

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