Means Test Calculations please help!

[feebee1]

Hello,

I am trying to file a chapter 7 and I do not wish to keep my home. I am not meeting the means test calculation for my county but after filing and discharge I will be moving to the county where I work which has a higher rent allowance. Is there anyway that I can include this as a special circumstance to the trustee? With the rising cost of gas it would be better for me to move closer to work. There is no reason for me to stay in the county where I currently live.

Any advice is greatly appreciated!

[newbie2]

Unless you have a signed lease or have already moved to the other county, you could have a problem with claiming that expense. Think of this way from the trustees point of view: You state you are moving to another county and claim the higher expense, but what if you don't after you are discharged? Then the disposable income could have gone to your unsecured creditors.

Please talk to an attorney about this.

[feebee1]

Thanks for the reply. My house is not in foreclosure yet so I haven't signed a lease. It was suggested that I start saving money so I can afford to move. It is a messy situation to say the least. My ex wants to short sale it but he moved and one of us have to live there in order to do this. Since he has purchased a new home already he can't move back to the house.

I will follow-up with my attorney. Thank you.