Nolo Means Test calculator -- vehicle question

[ssmdem]

In looking at the means test calculations on my paperwork, my attorney is showing $678 for two vehicles. The online calculator only shows $478. Where might this additional $200 be coming from? Hate to question her and say "but the calculator on the internet says different." And just to doublecheck, I've also checked the IRS website, and it also shows what the calculator is showing. ?????

[ssmdem]

Also, how about excess medical expenses? Do the two orthodontic bills I pay each month count in this category on the means test? Our total allowed is $240. When you factor in my medication and the two orthodontic bills, we pay $450 a month on medical expenses. If I can use this additional excess, then we're good as far as passing the means test. If I can't, we are way too close for comfort, and now I'm freaking out again!! As in, we've got a positive at the end of the means test of $111, instead of the negative $5 that we are showing on the papers that were filed.

If the $678 she is showing on vehicles is correct and not a typo, we're still good -- if not and I can't use these orthodontic bills, we're looking like a strong possibility of a chapter 13, and I'm panicking big time here!!

[HHM]

First, for vehicle, are you referring to Vehicle "Ownership" or Vehicle "Operating" expense? It sounds like the online calculator you are using is out of date anyway. The current "ownership" expense for one car $496, not $478. For 2 cars it is $992. If we are talking about "operating" expense, then the standard for 2 cars is $478. The additional $200 comes into play because of the age or mileage of the vehicles. I don't feel like looking it up, but if memory services, you can add $200 to operating cost if the vehicles are more than 6 years old or have more than 75K miles (or something like that).

It is unlikely "orthodontic" care is going to be considered a "necessary" expense. I don't think you can claim it on the means test, but it certainly goes on schedule I&J.

[ssmdem]

Thank you so much for responding. When I noticed you were online, I was so hoping you'd read this. I'm in panic mode right now. It is the operating expense I'm referring to. One of our cars is a 2009 and we're still paying on it. The second one is a 2000 model with 125K miles. It's paid off, so we only have one with a car payment. But I do recall seeing the mileage on this one being noted somewhere in our petition. So, is this where my attorney is getting the extra $200 from then? Oh God please tell me yes!

[ssmdem]

Oh, and the orthodontic bills are listed on my Schedule J. I was just hoping to find something that could make up for what I thought was a mistake on those operating expenses. Sounds like (crossing my fingers) that the extra $200 is because of the age of one of the cars -- it can just be one car that fits that description (age and mileage) - doesn't have to be both, right?

[ssmdem]

FOUND IT!! On the government website, it's got it. "vehicles not subject to a loan or lease may deduct an additional $200 if the vehicle is owned by the debtor, and is older than six model years or has more than 75,000 miles." YIPEE!!!!!!! Thank you so much -- I would never even had known to google that had you not mentioned it. I can sleep tonight now!! There's other little mistakes we need to fix -- but at least I know we still pass the means test! LOVE THIS WEBSITE!!!!

[tcreegan]

Hi ssmdem,

Little by little, you are scaling Mount BK-7

When getting the medical documentation, ask the orthodontic doc to write a short note explaining the work is necessary to restore oral health; not merely cosmetic.

Hang in there!

Tom in Colo

[ssmdem]

Well, since the additional $200 on the vehicle expenses has been found to be okay -- I'm good on the means test now -- in the negative actually. We do have the orthodontic expenses on our Schedule J though -- just got to get the rest of the errors fixed now. Along with finding out WHY my attorney hasn't filed a Suggestion of Bankruptcy with the circuit court here regarding my lawsuit from Chase. Went to the court house yesterday to find out what was going on with that to find that hasn't been done. They said it would be okay, but she did need to get that filed. I know it's the holidays, but I'm getting ticked about the lack of response from their office since I've filed. Up until then, they were great. Now, I can't get them to answer emails or return phone calls. GRR!