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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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I am working on the Means Test and need clarification on part

Resolved Question:

I am working on the Means Test and need clarification on:
part 21 (can I add my warehouse rent) part 22 $624 does not cover gas and insurance for two cars.
Part 22b is the Harris County toll way consider public transporation?
Part 32 I do not have a home phone so I deduct my cell?
Part 40 would this be my tithing to my church that I claim on my taxes?
My husband and I both are in college is there any deduction for that?
With my credit being poor my car had to be put in my mother in laws and sons name but I pay the note, can I deduct this payment even though we deduct our first car?
Thank you
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi JACustomer,

Part 21 - What are you using the warehouse for?

Part 22 - What is your question for Part 22?

 

Customer: replied 3 years ago.
Warehouse has household items that won't fit in my garage
We pay to ride on the Harris County toll road. Would we get that as public transportation that's stated in part 22?
Expert:  cfortunato replied 3 years ago.

Part 21 - Yes, you can add the warehouse rent, since it is being used for household storage, if the actual "housing and utilities" expense is the same or greater than the Local Standard.

Part 22 - No, money paid to use a toll road is not considered to be Public Transportation. If the toll road is used to go to work, or something else necessary, that expense can be entered in Part 56 ("Additional Expense Claims").

Part 32 - Yes, all phones - including cellphones - go in this section.

Part 40 - Yes, all charitable contributions - including tithes - go in this section.

There is no deduction for the debtor's education expenses.

Yes - if the car is yours, and even though the title is in someone else's name, you can deduct your expenses and your loan payments for that car.

 

I think this is what you wanted to know. If not, please let me know.

Thank you!

 

 

Customer: replied 3 years ago.

Where would car insurance go? or is that a deduction?

The car in mother in laws and sons name was just bought two weeks ago ( my 12 year car finally gave out) so we have made no payments yet. How do I prove we pay it?

 

Can any of my deductions be taken out? Example: Can my attorney or the Judge say "you can't deduct tithing or toll road or two cars"? Just wondering because will all of my deductions I am on the fence with being able to file Ch 7.

thank you

Customer: replied 3 years ago.
I forgot to ask about perform bonus. My husband and I both received one earlier this year but we are not guaranteed this. Do we have to calculate it?
Expert:  cfortunato replied 3 years ago.

There is no separate deduction for car insurance - it is included in the Transportation Expense.

If you are asked for proof of the car payment(s), you can submit your canceled check or money order receipt. If you pay cash to your mother-in-law or son, that person can have a statement notarized that they are or will be receiving the payments from you.

Anything is possible, but it is unlikely either your attorney or a judge would deny your deductions.

Concerning a performance bonus - only regular income has to be included, not income that is not definite.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
I can't promise I'm out of questions but I greatly appreciate your help. I signed up for the monthly fee with just answer so I'm not sure how that works. So do you get paid from that fee? Once i hit accept do I have the "tip" option?
Expert:  cfortunato replied 3 years ago.
I don't get credit for this Question unless you hit the "ACCEPT" button(s).
Thank you!

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