Why would Schedule J and 22c be so different?

[tammygirl1]

Hi, I just received my newest draft of my petition and my schedule J is over $600 less than 22c. Is this common? I would think it would be comparable. It looks like my lawyer is going by the J schedule of net income which is good but I am curious.
Thanks

[SMinGA]

The means test uses assumed values for car payments, groceries & other expenses, etc. Its to determine if there is 'presumed abuse'. Schedule J is based on your actual expenses.

[tammygirl1]

Thanks!

[catleg]

Schedule B22C is the land of make believe.

[Rubitout]

So if there is a big difference between the two, and the 22c is much higher, can a debtor argue that he/she should only pay into the plan the I-J amount?

[SMinGA]

I think its usually the opposite: I-J is often greater than B22C.

So if there is a big difference between the two, and the 22c is much higher, can a debtor argue that he/she should only pay into the plan the I-J amount?

[Rubitout]

In the opposite case I'm wondering which test the Chapter 13 Trustee would use.

[NoTomatoCan]

In the opposite case I'm wondering which test the Chapter 13 Trustee would use.

Our particular trustee literally takes whichever one is higher! Has a judge who agrees with that approach as well.

[catleg]

Yes if you're above median (forced into ch13 by BAPCPA) it's normal for them to use the least favorable numbers for the debtor. i.e. limit your expenses to the IRS guidelines. Below median that is a non issue since you don't complete the expense part of B22C.