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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12820
Experience:  B.A.; M.B.A.; J.D.
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For PhillipsesqInstead of crying I think I am going to pop

Customer Question

For Phillipsesq


Instead of crying I think I am going to pop a vein or have a nervous breakdown before the night is over. Schedule J is one screwed up mess on how it’s formatted. I took the means test and didn't have to continue on with the other sections because we fall under 73,645 for the year. However, the means test allowed me to deduct the business expenses and then use the balance as my husband's income.


The schedule J that my Lawyer gave me has it where I am supposed to list all of my husband's expenses for his condo (because we are separated) and then list all the expenses for the business. And then at the bottom I list his income from schedule I (which already has business income deducted from it). WTH?? I already listed his income on schedule I after the business expenses anyway. So why are they asking for it again on schedule J? I’m so frustrated. I just don’t understand why they would design the form like this since the means test allows my husband to use the income after expenses. Or maybe I am doing something wrong on the means test. Can you help me figure this out? Thank you!!

Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 10 months ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

For Phillipsesq

Instead of crying I think I am going to pop a vein or have a nervous breakdown before the night is over. Schedule J is one screwed up mess on how it’s formatted. I took the means test and didn't have to continue on with the other sections because we fall under 73,645 for the year. However, the means test allowed me to deduct the business expenses and then use the balance as my husband's income.

The schedule J that my Lawyer gave me has it where I am supposed to list all of Sean’s expenses for his condo (because we are separated) and then list all the expenses for the business. And then at the bottom I list his income from schedule I (which already has business income deducted from it). WTH?? I already listed his income on schedule I after the business expenses anyway. So why are they asking for it again on schedule J? I’m so frustrated. I just don’t understand why they would design the form like this since the means test allows my husband to use the income after expenses. Or maybe I am doing something wrong on the means test. Can you help me figure this out? Thank you!!

Response: Hello, you should relax. Your Attorney should be doing this. All Attorneys including me use software that automatically calculates all the expenses and income after you have inputted the data. However, the data for the expenses and income are only entered once. So, you should let your Attorney calculate the Schedules I, J, and Means Test and let you review them and you can ask questions if the figures do not seem right or appear to be double-counted. I do not work directly from the blank Means Test calculation form. The figures you see on the form are populated from data entered else on the bankruptcy forms. So, I am afraid that I cannot help you with this one.

Customer: replied 10 months ago.

I know, but there was something he gave me to fill out that doesn't make sense. Like I said before, this attorney is very disorganized and I don't trust what he is telling me. He lets his Paralegals do a lot of things that I think they should not be doing. I just want to make sure the amount after cost of goods and business expenses is what is being considered as my husband's income so we don't go over the threshold of $73,645. According to the Lawyer I was talking to yesterday online, he said that on the means test under Gross receipts I should put my gross profit after cost of goods and then the next line under that amount, I deduct the expenses from the gross profit. That's what I use as my husband income.

Expert:  Phillips Esq. replied 10 months ago.


The figures I always enter are the gross amount, for an employee. However, I also enter all deductions. So, in the final analysis, the net income is what appears on the Means Test. For a business, that would be the gross receipts. Then expenses are entered, which results in net profits or loss. You should provide your Attorney with the figures that he is requesting. After the Attorney's office has calculated the Means Test, you would be given the final product to review.

Customer: replied 10 months ago.

So if I understand you correctly, he should be using the net as my husband's income right? It's the amount remaining after cost of goods and business expenses have been deducted. What do you use?

Expert:  Phillips Esq. replied 10 months ago.

So if I understand you correctly, he should be using the net as my husband's income right?


Response 1: Yes, but the gross receipts and cost of goods are also entered to get to the net.


It's the amount remaining after cost of goods and business expenses have been deducted. What do you use?



Response 2: The net, but as I stated, I enter both the gross receipts and the costs to get the net.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12820
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank you!

Expert:  Phillips Esq. replied 10 months ago.
You are Welcome!

Try to have a wonderful and relaxing day.

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