Expert: Mark J. Markus- California Bankruptcy Attorney - 7/2/2008

Question
QUESTION: On the means test, I am planning on using the Education Expense for $137.50(line 38).  My son currently attends Catholic school, with a monthly tuition of $320.

If you claim this expense, do you typically have to justify this expense (i.e. does the UST give debtors a hard time with this expense)?

Thanks

ANSWER: That varies from office to office.  There's no way I can answer that.  The advice I give my clients is that if it makes the difference between passing and not passing the means test, you better have the documentation ready.

---------- FOLLOW-UP ----------

QUESTION: Thanks

In your experience what type of documentation do you recommend your clients have?  Just statements that prove the actual expense, or something more than that?

Answer
I've never had a client need to prove it up, but you need to provide documentation showing the actual payment of the expenses, AND explain why these are reasonable and necessary and explain that they are not already covered in the IRS standards already appearing elsewhere on the means test.  If this is truly an issue in your case, you need to hire an attorney to properly advise you.