Ch 7 pro se per diem

[Triciasue792]

I am trying to figure out how I document per diem when filing joint chapter 7 pro se. My husband worked out of state for about 3 of the past 6 months and if i have to include that in the gross income when filling out means test, it will put us over the income limit. It is labeled as "living out all" and is not included in the gross income of his check stubs, nor is he taxed for it, because it was used for reimbursement of expenses incurred from lodging, travel, etc. Any info would be greatly appreciated!

[justbroke]

Welcome to BKForum!

I didn't have a joint bankruptcy but I was married. The Trustee wanted to significantly reduce my meal allowance by what the company paid on the road. We came to an agreement that I'd reduce the money for "meals" by 1 person but then use the "additional" 5% exception. Unfortunately you're filing pro se and don't have the benefit of an attorney to do this for you. I would check to see if there's a Pro Bono or Pro Se clinic at your bankruptcy court.

I can only tell you that my per diem didn't count as income. It's a reimbursement of travel expense. It is not a fringe benefit. At least in my case it wasn't a fringe benefit.