chapter 7 means test

[krystl5003]

What is the name of your state (only U.S. law)? florida

19 B on the means test is about out of pocket for health care. If there are 2 members of the household is this an automatic deduction of $120 without providing proof? Questions 31 and 34 also deal with health insurance.

If the family of 2 pays $365 a month for health insurance, do they get to claim that amount and automatic $120 for out of pocket or is the $120 deducted from the $365 leaving $245 for allowed. If i am allowed only the $245 then the means test says i have $6900 to pay off creditors but if i use 120 plus 365 then i Have nothing. How much health insurance will be allowed as I currently only have hospital insurance but will raise my coverage if I have to .

 

[bigun]

The code allows you the full cost of health insurance.
If you're doing this pro se, Bankruptcy Forum has a pretty active pro se forum.

11 U.S.C. 707



(I) The debtor's monthly expenses shall be the debtor's applicable monthly expense amounts specified under the National Standards and Local Standards, and the debtor's actual monthly expenses for the categories specified as Other Necessary Expenses issued by the Internal Revenue Service for the area in which the debtor resides, as in effect on the date of the order for relief, for the debtor, the dependents of the debtor, and the spouse of the debtor in a joint case, if the spouse is not otherwise a dependent. Such expenses shall include reasonably necessary health insurance, disability insurance, and health savings account expenses for the debtor, the spouse of the debtor, or the dependents of the debtor. Notwithstanding any other provision of this clause, the monthly expenses of the debtor shall not include any payments for debts. In addition, the debtor's monthly expenses shall include the debtor's reasonably necessary expenses incurred to maintain the safety of the debtor and the family of the debtor from family violence as identified under section 309 of the Family Violence Prevention and Services Act, or other applicable Federal law. The expenses included in the debtor's monthly expenses described in the preceding sentence shall be kept confidential by the court. In addition, if it is demonstrated that it is reasonable and necessary, the debtor's monthly expenses may also include an additional allowance for food and clothing of up to 5 percent of the food and clothing categories as specified by the National Standards issued by the Internal Revenue Service.




(II) In addition, the debtor's monthly expenses may include, if applicable, the continuation of actual expenses paid by the debtor that are reasonable and necessary for care and support of an elderly, chronically ill, or disabled household member or member of the debtor's immediate family (including parents, grandparents, siblings, children, and grandchildren of the debtor, the dependents of the debtor, and the spouse of the debtor in a joint case who is not a dependent) and who is unable to pay for such reasonable and necessary expenses.