Can someone link me to the IRS guidlines for allowable expenses

[APL]

I'm reviewing the budget my atty filled in for me, and I don't agree with all the numbers. He has me spending almost twice as much for food as I actually do. THe only reason i can think of is that he is including pet food in there?

I saw newbie's post in another thread: "Other expenses like food and such is a set expense based upon your family size and county that you reside in. You can do a search for your county + bk allowable expenses to get a good idea."

I tried searching that way and could find the list.

Sorry i come here with a lot of stuff i could probably find myself. However, Googling for BK info - well the fist gazillion pages of results all link to BK atty websites that provide info.

My attorney is such that I am fraid to ask him anything more because he clearly dislikes it when I ask a simple question and he seems to think i am questioning HIM, which I'm not.

Switching attys at this point is not going to happen, I've already paid him too much and have just one payment left. I'm thankful I have this forum and all of you to come to with questions.

[LadyInTheRed]

You can find the standards used for the means test at http://www.justice.gov/ust/eo/bapcpa...anstesting.htm

Are you worried about the numbers your attorney put on the means test or on Schedule J?

[APL]

Thank you, LadyInTheRed. That link was exactly what I was looking for. I guess the amount he put in for food is allowed, thought it is almost double of what i actually spend.

I am very worried about Schedule J. This site stresses honesty, honesty, honesty. I assumed i would be filling it in, but the atty filled in all the numbers without any input from me and his numbers are not accurate.

Does pet food go under food? What about pet medical? Does it fall under medical or go somewhere else?

Is ticking off my atty worth it for Schedule J? I know he will just say the same thing he always does - that he has filed thousands of these cases and knows what he is doing. He'll tell me to quit reading this site and coming up with so many questions, and that if there is something to be concerned about, he will come to me.

[LadyInTheRed]

The instructions on the top of Schedule J say "Complete this schedule by estimating the average or projected monthly expenses of the debtor and the debtor’s family at time case filed." While struggling to pay your debt, you may not be spending as much as you would if you didn't have the debt. You are allowed to project reasonable expenses. If you spend half what is allowed for food, it is reasonable to expect you will spend more once you no longer have to pay the debt. Projecting expenses in excess of what you have been spending is not dishonest. It's a plan to satisfy your needs more sufficiently than you have been.

Where pet food and medical expenses goes depends on whether your trustee will accept a deduction for those expenses. They may have to be included in your food budget.

I think you need to trust your attorney here. If your Schedule J is in line with the means test standards, the trustee is not going to object. If the expenses you list are too low, it might look like you can fund a Chap 13 which will lead to a an objection based on totality of circumstances.

[APL]

Thanks for the thorough explanation and giving me a good understanding of Schedule J. I've been very concerned about it.

I don't know what I would do without this forum.

[sunshinepa]

Trust your attorney. I saw the expenses mine listed were way over the standarads in some cases and got quite upset as I was well under median and didn't need to inflate any. Mine said that I was entitled to reasonable living expenses and even tho' i protested, would not lower them. I mean really, I did not need 125.00 a month entertainment, 400 a month food, 85.00 cell phone ( I don't even pay a monthly bill). Those are just a few I can think of off the top of my head.

I was a nervous wreck over this until the 341 which lasted less than 2 minutes. Did I like that my atty did that......no. However, I paid him well to represent me and he obviously knew the trustee would not question the expenses.

All I can say is trust your attorny!!!! I did not agree with what he did but his take was the trustee allowed "reasonable living expenses" and he apparently was right. I am 12 days away from discharge!