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How do I account for temporary layoff on Schedule I

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    How do I account for temporary layoff on Schedule I

    My employer informed me in writing that I will be laid off for 2 weeks in July and that I will also be receiving a 10% salary reduction as part of their need to "belt tighten". I plan to file sometime in May. Can I project my income on shedule I, by taking into account the 2 weeks that I will be unemployed? I was thinking of averaging my new salary over 12 months minus the 2 weeks of lay off and listing that amount as my projected monthly income. My thought is that if you average expenses that are not monthly, I should be able to do the same with income. Also, I would bring my letter from my employer to the 341 for the trustee to review.

    Is this a good idea? Or would I be better off just noting at the bottom of schedule I, that I will be laid off for 2 weeks. Thanks.
    Chapter 13 Filed (Pro Se) - 9/30/09
    Confirmation Date - 12/1/09
    Stats - $1752/month, 29/36 completed, 4% to Unsecured, Lien Stripped 2nd Mortgage

    #2
    Originally posted by UpsideDownMI View Post
    Is this a good idea? Or would I be better off just noting at the bottom of schedule I, that I will be laid off for 2 weeks. Thanks.
    The bk law is really quite rigid about how your total income is figured for Ch 7 - it's your income from all souces during the six full calendar months before you file...no exceptions. There's no adjustments allowed to accommodate known variations in income before or after filing. Thank the 2005 Congress for this grossly unfair portion of the bk law.

    Your only option is to adjust your filing date to approximate your true income. Sorry the answer isn't what you hoped.
    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
      As lrprn says wait til after July and the 2 week layoff period to file
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment

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