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Means test question

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    #1

    Means test question

    I'm a bit confused as to why you have to use your past 6 mos average monthly income to complete step 2, to determine if any disposable income, if your actual income picture 'today' is different? It may show that based on that income you could possibly put XX into a C13, however current income may not actually back that up.

    Am I missing something here??
    Tags: None
    #2
    Nope. You're not missing anything. DH had to wait months to file so that his 6 mo average would more accurately reflect what he's making now....

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      #3
      We waited to file too until our 6 month lookback showed our current and actual income. I guess they figure a look 6 months back is really the only way they can predict the future.

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        #4
        crazy because if we were still making what we were 6 mos ago....well we wouldn't really be much in this predicament! LOL. that just doesn't make much sense to me. i really don't want to have to wait 6 mos, i'm afraid of garnishments. we just stopped paying last month. DH i don't think can be garnished as he is 1099'd and is straight commision. just started the job a week ago, so it'll be AT LEAST 6 weeks from the time he gets an application in until he's paid.

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          #5
          I guess I just don't get why you can't say yes, with my 6 month average I could have afforded XX amount per month to pay to the trustee, however at the day of filing the current situation (income change, job loss, etc) does not allow me any disposable income.

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            #6
            The means test basically is a look-back for income and expenses. Conversely, Schedules I and J are look-forward for income and expenses.

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              #7
              So which one is the determining factor between a 7 and 13? The means test or the scedules?

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                #8
                Originally posted by endisnear View Post
                So which one is the determining factor between a 7 and 13? The means test or the scedules?
                Both are used.

                in the beginnning it would be the means test that attempts to push you toward a 13. in the end it would be the schedules, especially if something has changed when you have the 341.


                in another aspect of this reality -neither. a good attorney who can smear numbers & knows what that jurisdictions trustees are looking for is the determining factor

                I never did the means test & went right into a 7. So there ya go.

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