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Posted: Aug 07, 2009

How do I add Chapter 13 administrative expenses and § 1325(b)(2) deductions to Form B22?

In EZ-Filing > Form B22  > Chapter 13 administrative multiplier
In EZ-Filing > Means Test > Chapter 13 administrative multiplier

Answer

View a tutorial on this topic


§ 707(b)(2)(ii)(III) provides for the deduction of Chapter 13 administrative expenses in determining the debtor’s disposable income for Form B22. Similarly, § 1325(b)(2) provides for deductions of support income and qualified retirement deductions. Use the Chapter 13 area on the Other tab to enter the information for calculating the debtor’s disposable income under § 707(b)(2).

  1. In the main menu bar, select Client>Form B22… to open the Statement of Current Monthly Income... window.
  2. Select the Other tab.
  3. To override the district’s trustee fee that EZ-Filing automatically displays, do the following:
  • Check-mark Trustee fee override box.
  • Type the percentage you want in the active field.
    Note: The Executive Office for United States Trustees sets the trustee fee percentage for every state except Alabama and North Carolina, which are set by the Administrative Office of the US Courts. To view the trustee-fee-percentage schedules issued by the Executive Office for United States Trustees, go to: http://www.usdoj.gov/ust/
  1. In the Calculated list, select the method used to calculate the trustee fee in the jurisdiction in which you will be filing the case.
  • Debtor payment calculates the trustee fee as the fee percentage times the debtor’s total monthly payment—that is, the total paid to the creditors and the trustee. For this calculation, a 10% trustee fee on a total monthly payment of $100 pays $10 to the trustee and $90 to the creditors.
  • Paid to creditors calculates the trustee fee as the fee percentage times the monthly payment to all creditors (but not to the trustee). For this calculation, a 10% trustee fee on a total monthly payment of $100 pays $9.09 to the trustee and $90.91 to the creditors. (The total payment is still $100.)
  1. For the Use Schedule J net income field, if you want to base the debtor’s projected average monthly plan payment on the debtor’s net income as reported on Line 20 of Schedule J rather than on the somewhat artificial “disposable monthly income” defined by § 707(b)(2) or § 1325(b)(3), do one of the following:
  • Click the underlined amount next to the field label.
  • Type the Schedule J net income in the field.
    This amount appears as the Projected average monthly chapter 13 plan payment.
    Note: Basing the Chapter 13 administrative expense deduction on the debtor’s net monthly income may enable the debtor to declare a larger deduction.
  1. Use one of the following methods and the information provided in the table to enter the Support Income (the monthly average of any child support payments etc.
  • Type the amount of the deduction in the appropriate field.
  • To itemize the deduction, click to open a worksheet. Then, click to add a deduction.
    Note: If you enter the amount of the deduction, you cannot decide later to itemize the same deduction. Similarly, if you itemize the deduction, you cannot directly change the amount at a later time.
  • In the Description column, enter a description of the expense.
  • In the Amount column, enter the amount of the expense.
  1. Click to close the worksheet and display the total deduction in the appropriate field.



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