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Chapter 7 means test. How do I treat auto lease payment? differently than regular loan? what about in regard to schedule B?

Riverside, CA |

Just wondering how specifically to deal with my auto lease payment.

Attorney Answers 3

  1. Take the standard deduction on means test and you wouldn't list on schedule B because you don't have an ownership interest in the vehicle. You need to list the lease on Schedule G as an executory contract. You also need to list the creditor as a secured creditor. You need to indicate on SOFA that the vehicle is property you're holding for a third-person. You should get an attorney.

    The information provided in this post is not "legal advice." Rather it is general information on common legal issues. If you have questions concerning your specific situation, it is always best to consult an attorney in your area.

  2. Means Test - 1 vehicle operated for paragraph 27a; for paragraph 28, you subtract the average monthly cost from the IRS standard ownership.

    Schedule B has nothing to do with the means test.

    A leased vehicle need not be listed in Schedule B.

    Regular loans are not included in the Means Test.

    I suggest you contact an experienced local bankruptcy attorney to assist you.

    Please be advised that the advice to you herein does NOT establish an attorney client relationship and that our firm does NOT represent you in any Bankruptcy matter.

  3. Mr Wrobel's numbers are for the Ch13 "means test", but otherwise correct. You can count the car in both the operating expense category and the ownership/lease category.

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