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Field
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Description or action
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National standard for food, clothing &
other items
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EZ-Filing determines this amount by referencing the
debtor’s Gross Monthly Income in the table on the
IRS National Standards. To view a breakdown of
this amount, click
.
This amount appears on the
National Standards: food, clothing, household
supplies… line. Note: Although the IRS
standard deductions are determined by the debtor’s
income, the Bankruptcy Abuse Prevention and
Consumer Protection Act (BAPCPA) is not clear on
whether to use the debtor’s Current Monthly Income,
which does not include Social Security benefits or
the debtor’s Gross Monthly Income, which does
include Social Security benefits. By using the
debtor's gross monthly income, EZ-Filing enables
the debtor to declare a higher standard deduction.
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5% increase in food and apparel
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- Select the deduction for food and clothing expenses in excess of the deduction allowed by the IRS. Do one of the following:
- Type an amount (less than or equal to the maximum shown) in the field).
- Click max= [amount] to populate the field with the maximum amount allowable.
- Click underlined Food amount or the underlined Apparel amount to automatically populate the field with either of those figures.
- Create a case attachment to document this amount.
This amount appears on the
Additional food and clothing expense
line.
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National standard for
out-of-pocket health care
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EZ-Filing determines this amount
by referencing the debtor's Gross Monthly Income
in the table on the IRS national standards
for out-of-pocket health care. To view a breakdown
of this figures, click
.
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Housing and utilities; non-mortgage expense
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EZ-Filing determines this amount
by referencing the debtor’s Gross Monthly Income
in the table on the IRS local standards.
This amount corresponds to the
Local Standards: housing and utilities;
non-mortgage expenses line.
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Housing and utilities; mortgage/rent expense
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EZ-Filing determines this amount
by referencing the debtor’s Gross Monthly Income in
the table on the IRS local standards.
This amount appears as the Local
Standards: housing and utilities;
mortgage/rent expense. Tip: Though the Administrative Office
(AO) committee note for Form B22 makes it fairly
clear that, unlike the IRS, the AO considers this
amount a minimum for any debtor, some trustees
insist that if the debtor has no mortgage or rent
expense, the debtor cannot claim even this minimum.
If you are unable to challenge the trustee on this
contention, you can offset the amount that
EZ-Filing automatically uses for the
mortgage/rent expense deduction by entering a
negative adjustment amount. (§ 707(b)(2)(A)(ii)(V)
provides for this additional allowance for housing
and utilities.)
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| Additional allowance for housing
and utilities |
- Enter the amount for housing and utilities
expenses that exceed the deduction allowed by the IRS. If the figure negates the amount, enter the amount displayed on the …mortgage/rent expense line as a negative number.
- In the Documentation field, provide an explanation as to how the additional expenses are essential to the debtor's health or well-being, or provide an explanation that the debtor is not entitled to the allowance
at all.
If you need more space to document the
additional expense deduction:
- Click
to the right of
the Documentation field to open the Local
Standards: housing and utilities;
adjustment window.
- Enter your rationale in
the text box.
- Click OK to close
the window and enter your text as
Local Standards: housing and utilities;
adjustment.
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Vehicles
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Enter the number of cars for which
the debtor can claim an expense for operation,
ownership, or lease. Note: Because the IRS
transportation expense standards provide for no
more than two cars, the maximum number of cars you
can enter is two.
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Operating expenses
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EZ-Filing determines this amount by
referencing the debtor’s Gross Monthly Income in
the table on the IRS local standards.
Note: If you want to claim an operating
expense greater than that allowed by the IRS
standard, check-mark the override box and replace
the IRS amount with the desired operating-expense
amount.
This is especially relevant when there is no lien
against the automobile and you are not taking the
ownership cost, but the automobile is over six years
old or has mileage of 75,000 or more miles.
This amount appears on the Local
Standards: transportation; vehicle operation/public
transportation expense line.
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Additional public transportation expense
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EZ-Filing determines this amount by
referencing the debtor’s Gross Monthly Income in
the table on the IRS local standards. Enter the IRS
Standard amount for public transportation.
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Ownership costs (auto #1)
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EZ-Filing derives this amount by
subtracting the average monthly payment for any
debts secured by the car.
- If there is no lien against the car,
EZ-Filing uses the IRS ownership cost for
the car.
This amount appears on the Local Standards:
transportation ownership/lease expense;
Vehicle 1 line .
- If you don’t want to claim the IRS deduction
for the car because (1) there is no lien
against the car and (2) you or your trustee
believe that the debtor can claim an
ownership cost only when there is a lien,
check-mark Exclude.
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Ownership costs (auto #2)
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EZ-Filing derives this amount by
subtracting the average monthly payment for any
debts secured by the car from the IRS ownership
cost for the car, which is also based on the table
in the IRS Local Standards window.
- If there is no lien
against the car, EZ-Filing uses the IRS
ownership cost for the car.
This amount appears on the Local Standards:
transportation ownership/lease expense; Vehicle
2 line.
- If you don’t want to claim
the IRS deduction
for the car because (1) there is no lien against the
car and (2) you or your trustee believe that the
debtor can claim an ownership cost only when there
is a lien, check-mark Exclude.
Note: If your district does not allow you to take ownership tax on a second car, the Exclude box automatically appears check-marked and the Ownership costs (auto#2) is zero. If you see a zero amount, do not attempt to re-enter the amount .
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