Over on Means

[BD33]

The biggest thing killing me is GAS, Utlities and Food. The IRS standards has NOT allowed for the increases. These numbers may have been close at one time, but it has been a long time. If you are spending $500 a month in gas, that is what you are spending, regardless of what the IRS thinks it should be.
In my state the vehicle allownace is $201 a month. HAHA. I spend that in gas, the first 10 days. (For you Hybrid people, that is what I have). There is no mass transit, cars only. I am over by a mear $182.00 a month according to the Means Test and that isnt true, because on my monthly budget I am
-$505 a month and my bank account shows it. Thats why my savings, stock and retirement is gone, but according to the og Mighty Means Test I can afford to pay people back, I dont thinks so.

[Cali]

We were over median by 23k. Our total expenses were more than our income.

[justplaintired]

The biggest thing killing me is GAS, Utlities and Food. The IRS standards has NOT allowed for the increases. These numbers may have been close at one time, but it has been a long time. If you are spending $500 a month in gas, that is what you are spending, regardless of what the IRS thinks it should be.
In my state the vehicle allownace is $201 a month. HAHA. I spend that in gas, the first 10 days. (For you Hybrid people, that is what I have). There is no mass transit, cars only. I am over by a mear $182.00 a month according to the Means Test and that isnt true, because on my monthly budget I am
-$505 a month and my bank account shows it. Thats why my savings, stock and retirement is gone, but according to the og Mighty Means Test I can afford to pay people back, I dont thinks so.

I do totally agree. I think that perhaps they do need to look at reality and see what it actually is costing people to feed their families. At the rate things are climbing those figures need to be adjusted almost daily. Our cars cost us almost $400 a month to keep in gas. And we both work locally. Groceries is another story. I have 2 teenage boys, so the $125 a week I am allowed barely feeds us. And I do shop by ads and coupons. At $3.62 a gallon of milk we have even stopped buying milk unless it's on sale, budget won't allow it. Before we went thru 4 gallons a week. Teenage boys remember. Does anyone that works in the government go to the grocery store?

[Phillymanhere]

Hold on! ... I'm assuming the local bk courts and trustees will raise the IRS standards in their own minds when it comes to gas and transportation costs these days. That's a no-brainer, it seems.

Sure, I assume we need to present the receipts. But I can't see folks being penalized for spending what they spend on gasoline. Am I wrong? Am I missing something?

[Cali]

Phillymanhere - My groceries and gas were higher than the IRS standards because of the rise in them. I didn't have to show receipts for anything.

[laurannm]

Phillymanhere - My groceries and gas were higher than the IRS standards because of the rise in them. I didn't have to show receipts for anything.

Our attorney has told us the same for food and gas, and he doesn't believe we will be asked for any receipts. But it sure doesn't hurt to have them just in case.

[BD33]

Cali,

Your story is very interesting. That's quite a bit over, I feel kind of dumb freaking out over $2600. But the way my lcuk has been the last two years, I have to. In 2006 I was completly debt free! I had a business fail in 2006-2007, A home I cant sell after I moved out of state, now being foreclosed on and having to take a paycut of $30,000 a year. This where I am now.

So they really did look at actual expenses? Did they ask for bank statements?
My big concern is my girlfriend paid half the rent until last month, when her job went down the drain. If I have to show that as contribution that puts me over more than I am now.

[Cali]

I am only stating my experience, so don't do things because they were a certain way for me.

I had to show bank statements, 3 yrs of taxes, paystubs, but no receipts.

They took my actual expenses, some they had to make lower because they knew what would fly or not fly for my area.

[BD33]

All the things you had to give, was that given to the lawyer?

[Phillymanhere]

bd,

I'm think you're getting ahead of yourself. You don't need to sweat every little technicality (like receiving help on rent from girlfriend) at this point. Bankruptcy is based on an overall sense of things.

I think your next move is to schedule 3 to 5 meetings with attorneys in your area and get their perspective on your case. Note: each area's bk court interprets the law differently. So advice from someone from a different state doesn't necessarily apply to you in your state.

good luck.

[Cali]

Yes I gave it to my attorney. I also took the current bank statement to the 341.

All the things you had to give, was that given to the lawyer?

[BD33]

As far as attorneys I have talked to two attorneys and I am no better off than I was.
I still have not been told if I can file a 7 or not, I am right on the border line.

Next, no one has said anything about the contribution from my girlfriend on past rent. If they look at bank statements, it will show up.

So if I can get a green light, I am ready.

Just a few minor details I can't get answered.

[laurannm]

If possible, try to find an attorney who will run a preliminary means test as part of the consult. Some lawyers will do that, and that should give you an idea of where you stand.

[Help!]

As far as attorneys I have talked to two attorneys and I am no better off than I was.
I still have not been told if I can file a 7 or not, I am right on the border line.

Next, no one has said anything about the contribution from my girlfriend on past rent. If they look at bank statements, it will show up.

So if I can get a green light, I am ready.

Just a few minor details I can't get answered.

Technically (and in the mind of the U.S. Trustee), any money you received from any source during that six months, regardless of how you spent it, constitutes "income" on the means test. It also constitutes income on Schedule I if she continues to contribute. We were asked, "Have you received any other income or money from any other sources?". Answering "no" and then having it come up later on a bank statement would be a BIG problem, especially if the UST was watching.

[BD33]

I am pretty much flipping out here! In a nutshell, here is the essence of my problem.

Basically, in Jan I had a different job, making less than I am now. The 15th of Jan the company laid off 700 people, I, being one of them. I drew unemployment from the first of Feb to the end of Feb, when I got the job I have now.

Jan till now on the means test, I pass, because of the layoff and not putting my girlfriend's contributions to the rent. If I put in the contributions, I am over.

If I do the means test after August I will be over just by my income alone. As of June my girlfriend can no longer contribute to the rent.

The two reasons for filing: A foreclosure on a home in another state and paying utilities and rent by myself. In the real world, I am negative $505.00 a month, but on the means test I am over by $218.00 a month without contributions, with contributions I am $783.00 over.

I am on the border that is scary, I dont want to spend the money to file and then I can't.