Means test question

[Lajazz947]

Again, very preliminary as I am turning my questionaire into my attorney tomorrow but here goes:

California resident
1099 income, no taxes taken out
4 people in home
Only my income: $11,500 per month gross (approx)

Monthly payments
Mortgage: $5300 1st, $400 2nd
Property taxes: $300
Car payments: $$1000 or so
Student loan: $$450
Utilities: $400
Health Insurance: $700
Life insurance: $200
Educational daycare for 4 year old: $750

I am sure that I am missing some items that are included such as food, etc. but at first blush would I be able to make a case for an exception to the means test?

Thanks for any input.

[MomIcantFindmy]

the only thing that jumps out at me right away is the student loan. If you are in a chap 7 they can place the student loan into deferral and you could be placed into a 13. Have you run the figures on the actual form. Some of the figures you use are actually capped unless you can prove the higher cost. Such as utilities. I would guess by your income you are a solid 13 however your house may help you. Keep us posted after your attorney.

[Lajazz947]

Thanks

I am filling out my B 22a right now and I have a question:

line 20B states that I should not enter a number les than 0 but maybe i am missing something:

My allowable standard is $1712 and my mortgage is $5600.

How can I NOT enter a number less than 0 if I have to subtract the actual from the allowable. Am i missing something pretty simple here?

[Phillymanhere]

Re your mortgage, have you talked to your lawyer on this or are you filing pro se?

[Lajazz947]

Mortgage

I have an attorney but he is in court. I managed to find out (I think) the answer by researching an ABA law review back issue.

You cannot put a number greater than zero because you are only allowed so much anyway no matter how much you owe monthly.

It makes sense to me.