Can i run this by you?

[endisnear]

Ok, in my readings here on this fantastic forum i've gathered how i think our situation would work, but would like some feedback just to verify....

We need to go step 2 to qualify for C7. DH just started a new job that is FULL comission. He is also still eligible for unemployment so he can collect that until he gets a comission check (which will be AT least 45 days out, the job is lending and it takes about that long to close). So if we were to file BEFORE he got a comission check, we'd use his u/e for the means test correct???

[magyar123]

They look back to the last six months (before filing). If within the last six months his income stemmed from a regular job + unemployment that is the income status at the time of filing. However - a real nosy trustee might ask you/him if you expect any significant changes in your income and if you say "yes, in the next 45 days or so", that trustee might reschedule your 341 hearing until then.
Note the word "MIGHT".

[endisnear]

well his last 6 mos include u/e benfits and income from a temp job (he worked there for 6 weeks only) and i also was paid out an annual bonus. so 2 of those factors are no longer applicable. (my bonus is based on company profits and is in no way guaranteed to be given). so could we just use expected income for the means test, or would we have to use the 6 mos prior since it's not really accurate as to our current situation.

and if the trustee WERE to ask that and re-sched, would they just take any earnings or make us re-do our test. i think a C13 would be really hard basing it on straight commision income

[Tbornetun]

You have to use the six months prior including ALL income sources, this would also include your bonus.

Does your husband have any pending commissions right now, amounts he knows he will for sure receive in 45 days? Once he is paid the commissions, the UI will go away.

Take it day by day, don't worry about the what ifs unless if they happen, deal with it as it comes along.

[endisnear]

No he doesn't. He's just starting on the phones today, so he doens't have any pending apps in yet. I just hate the unknown!

[Tbornetun]

You will be fine. He doesn't have any income coming to him yet so it is a non-issue. Who knows if he will have any signed apps in the next 30 days. No one can guess. It is not as if he is a realtor with signed purchase agreements waiting for closing in 30 days. (just an example)