another means question

[need help]

Ok, normally I get paid 2 time a month, In December I got paid 3 times which put me $85.00 over amount allotted. Would I be better off waiting another month before I file so I would not have to include this month or could I just use 2 of those paychecks since I normally only have 2?

[anonymuse]

The means test is supposed to be the average of your last 6 months of income. If it helps to wait a month, then, by all means, wait.

Curious, are you stating that this puts you just above the median income for your state, or that after all your calculations that you've got too much disposable income? If it's the latter, I'm sure there's a way to find another $85 in expenses.

[need help]

you know when the median states like 33,000 for yearly income I had 85.00 too much which presumption arises so it would make me file chapter 13

[SinkingFast]

You're getting paid every 2 weeks, which means twice a year, you have a month with an extra paycheck.

Attnys have a way to figure for that because people get paid all sorts of ways. Weekly, 2x/month, every 2 weeks, 1x/month, and such.

You prolly aren't going to be able to "hide" the extra paycheck.

But when an attny runs the Means Test, they will include the Trustee's adminitration fee, which might possibly eat up your $85 excess income.

[need help]

I am trying to file pro se because I cannot afford an attorrey.
I guess I could do the whole worksheet instead of trying to stop at the first section.

[anonymuse]

Consultations are usually free. Go have a couple consults with attorneys acting as if you're really shopping for one and bring up that question. Or, if you have a University around that offers a law degree, see if they have any legal clinics/answer lines that you could call. Here in Colorado the courts have a session once a month put on by a trustee on how to file pro se.

[SinkingFast]

When we handed in our docs in March, the attny asked for paystubs starting with February and working backward. It's like anytime in the month you actually do file, the previous month is the start of the 6 months period on pay. We had to give the attny Feb, Jan, Dec, Nov, Oct, and Sept. The Court here works the same way.

[aa06a47]

Ok, normally I get paid 2 time a month, In December I got paid 3 times which put me $85.00 over amount allotted. Would I be better off waiting another month before I file so I would not have to include this month or could I just use 2 of those paychecks since I normally only have 2?

OK, sounds like your Christmas bonus got figured in there. To not "count" it would make you wait until July to file. If you can wait until July, then you would only use Jan-Jun in the calculation. If it means the difference between 3-5 years of purgatory in Chapter 13, or a heaven bound Chapter 7, I would wait till July.

[aa06a47]

When we handed in our docs in March, the attny asked for paystubs starting with February and working backward. It's like anytime in the month you actually do file, the previous month is the start of the 6 months period on pay. We had to give the attny Feb, Jan, Dec, Nov, Oct, and Sept. The Court here works the same way.

SF, you will also need to have March, April, and May stubs if you file in June. Your attorney will probably ask you for them before you file. If they are like most salary folks, they will be pretty much the same. Trustee is very picky on having the 6 months prior to filing. The trustee also wanted the last 2 pay check brought to the 341 meeting since filing (I only had 1 since I get paid once per month). I gave them to the lawyer, but she never, as far as I know, gave them to the trustee.

[SinkingFast]

Yeah, I kinda fig'd that, Aa. Still been saving the paystubs, the bills, all correspondence. I fig the attny will need everything when we actually get ready to file.