Filing today/scared will be forced into 13

[sobeit]

After many, many, many months, here I am, my attorney filing today. She said she thinks the chances are slim, but it is possible that I could be forced into a 13.

My situation is:

I am $519 a month over the median, but pass the means test with a negative $75 DMI.

However, I got a raise in March. On my schedules I & J, it gives me a $227 positive DMI.

I am so frustrated with the bankruptcy law. If I had a $500 car payment, I'd be fine for a 7, but I chose to be more frugal than that. And I get a measly $526 a month for everything non housing/utility/car related? Seriously, I find this so unreasonable.

My attorney is putting on extra expenses for the care of my elderly pets and cigarettes. These are true expenses. I mean, I can't let my pets suffer (and I have no children). And I have an addiction that I would love to quit, but that's easier said than done (please let's not start a debate about smoking!). She said it's a stretch but since it's so close, we'll try.

I just don't know what I'll do if I am forced into a 13. I foresee 5 years of eating ramen, wearing tattered clothing, and declining mental health. I know I should just let it go until I see what happens at my 341, but I feel so discouraged right now.

Anyone out there had a similar experience that can share your thoughts?

[Pandora]

if you can prove your expenses are over and above the $526 (going to assume that number is the national or for your area) - then you may claim actual expenses I believe.

Did you account for medical expenses for yourself as well? OTC meds, doctors visit copays, etc, etc etc?

[sobeit]

Yeah, my medical expenses were actually put in as $100 a month, for which I have proof.

It's just that my car payment is only $250 a month, and we really can't put the maximum allowable for car ownership/operation expenses without it looking unreasonable, I guess.

[Fresh]

I've Heard The Same

I have read and heard just what Pandora stated. Every district is different in terms of whether it will be an issue, so perhaps your attorney is hoping for something very positive AND that you will float right on by. From what I hear, that happens a lot. Hang in there and nothing but good things sent your way!

~Fresh~

[tcreegan]

IRS local standards

Hi Pandora,

If you are only $519 over median I am confused why your attorney is not just using the IRS local standards. The IRS local standards give you over $1600 in allowable expenses. I was under the assumption that you could just use the IRS standards and did not need actual expenses.

Something to ask your attorney....?

Tom in Colo

[momofthree]

Hi Pandora,

If you are only $519 over median I am confused why your attorney is not just using the IRS local standards. The IRS local standards give you over $1600 in allowable expenses. I was under the assumption that you could just use the IRS standards and did not need actual expenses.

Something to ask your attorney....?

Tom in Colo

It sounds as if the OP is referring to the IRS single-person standard for food/clothing of $526. However, if his actual car payment is only $250, he does not get to claim the IRS standard payment of $489, which is what is causing him to have DMI on his schedule J, but not on the means....

[Pandora]

Hi Pandora,

If you are only $519 over median I am confused why your attorney is not just using the IRS local standards. The IRS local standards give you over $1600 in allowable expenses. I was under the assumption that you could just use the IRS standards and did not need actual expenses.

Something to ask your attorney....?

Tom in Colo

wasnt me who posted - I just replied.



Momofthree is correct... you cant claim the allowable if you dont actually incur it. I was just ensuring that the OP knew that anything over and above the allowed amount IS allowed if you can prove you spend it. ;)