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Is it 6 months or 60 days

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    Is it 6 months or 60 days

    How far back in pay stubs do I have to file with the court? The Nolo book says 60 days, but then how do they know that your are not lying on the means test? Will the trustee ask to see 6 mo worth of paystubs?
    "Dont Piss down my back and tell me its raining."

    #2
    Originally posted by TomBrady View Post
    How far back in pay stubs do I have to file with the court? The Nolo book says 60 days, but then how do they know that your are not lying on the means test? Will the trustee ask to see 6 mo worth of paystubs?
    Depends on your lawyer, your trustee, and which chapter you are filing.

    We had to provide six full months of paystubs to our lawyer who then provided them to our trustee when we filed Ch 13 under the current law.

    Your bk lawyer needs to see the last six full months of paystubs in order to calculate your Means Test income. Some lawyers will be ok with two months if your income is steady, but most will request to see six, especially if you are self-employed or have had a recent job change.

    The law requires you to supply six full months of paystubs when filing bankruptcy. If you are filing pro se, then that's what I would give your trustee. If you are filing with a lawyer, then ask what your lawyer needs.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      It was my understanding that they would need 6 months.

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        #4
        My lawyer was fine with 2 months of actual stubs, and then one stub from 6 months ago. They simply took the current YTD minus the YTD 6 months ago, that is how they came up with the 6 month pay. I don't know if that would fly with the trustee if you got audited.

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          #5
          I had to show my attorney 6 months worth. 6 months is what the means test is based on but maybe some attorneys will allow you to only SHOW the past 2 months if you have a steady job that doesn't change from month to month.
          <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
          FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

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