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    weird stuff from attorney

    I saw a 2nd lawyer today and talked about my situation, and something he said suprised me.

    He said he would only need 2 months worth of income statements (paychecks). I asked him I thought it was a 6 month look back and he said no only 2 months if you are below median and doing chapter 7. I then started to talk about the means test and he said you don't have to take a means test if you are below median, I thought you had to take one no matter what.

    This lawyer was near my work which is actually a different county from where I live. he then said I should really look at an attorney in my own county who knows the trustees better and gave me a name.

    strange all around.
    Filed 1/27/2011
    341 3/28/2011

    #2
    Originally posted by hughewil View Post
    I saw a 2nd lawyer today and talked about my situation, and something he said suprised me.

    He said he would only need 2 months worth of income statements (paychecks). I asked him I thought it was a 6 month look back and he said no only 2 months if you are below median and doing chapter 7. I then started to talk about the means test and he said you don't have to take a means test if you are below median, I thought you had to take one no matter what.

    This lawyer was near my work which is actually a different county from where I live. he then said I should really look at an attorney in my own county who knows the trustees better and gave me a name.

    strange all around.
    The attorney would know how many months of income statements (paychecks) your area BK court will want to see. Just because the median income lookback is 6 months, doesn't necessarily mean that 6 months work of paycheck stubs has to be provided.

    If you are under the median you don't have to take the "means test" but you still need to have filled out schedules of expenses (Schedule J). They are not the same thing.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #3
      Even though my attorney asked for 6 month worth of pay advices, the court required less. Also I did not need to do a means test as I was obviously below the state median.
      Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
      Deadline to File a Complaint: March 8, 2010

      Discharged and Closed March 11, 2010

      Comment


        #4
        The means test uses the last 6 months to determine over or under median - and if under you don't complete the entire 'test'.

        I do find it odd he only wants the last 2 months. Unless you're planning to file in July, using look back of Jan-Jun. When you give him your final June check it will have the 6 month total as "Year to Date" income.

        And if your income is fairly regular (does not change in a major way from check to check) I imagine the last few stubs would be enough to know if you're close to median or not.
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

        Comment


          #5
          This is NOT a district by district issue, the means test (in the BK CODE) requires 6 months worth.

          Comment


            #6
            He may be thinking that he can annualize the income from 2 months worth of pay stubs, but technically he's really supposed to supply all 6 months of pay history. This being May, that would include any year end bonus received in December/January/February.

            If you're on a 2 week pay cycle it helps to be cognizant of which months contain 3 pay cycles and plan around that (try not to include those months in the lookback).
            filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

            Comment


              #7
              My attorney (GA) only asked for 3 months of pay stubs and last year's tax return. I am above the median and filing for Ch13.
              DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

              Comment


                #8
                Originally posted by hughewil View Post
                This lawyer was near my work which is actually a different county from where I live. he then said I should really look at an attorney in my own county who knows the trustees better and gave me a name.
                That part is not at all strange. A good attorney will refer a potential client to another attorney if they think the other attorney is a more appropriate choice for one reason or another. Familiarity with the local trustee and practices is a very good reason to recommend another attorney.
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                Comment


                  #9
                  I filed "pro se" but the Trustee had only asked for two months' worth of pay stubs...well, I already had all six months printed so I included that pile anyway...
                  No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

                  Comment


                    #10
                    I was given the following forumula to use in such a calculation------

                    take your last six months of paychecks and add them up....
                    then divide by six to get an average....multiply by 12....for the annual number

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