Is this normal practice?

[tallberry]

AS some of you know we filed CH7 this last week, I was looking thru all of our paperwork and found something I just want to be sure is okay. I have only worked as an independent contractor (self-employed) for the last 4 months. My income varies quite a bit and I never know what I will make from one week to the next. My attorney put $2,000 for my income on Schedule I. This was an estimation (although it is pretty accurate) of what I will probably make monthly going forward. I guess my question is...don't you use your actual monthly income from the means test? Or is Schedule I supposed to be looking forward into the future? I feel pretty good about everything my attorney has done so far and I'm not trying to question him but I just didn't know this is how it was done. Just as a side note...my husband's income was stated exactly correct (He is a salaried employee paid on W-2). Anyone's thoughts please?

[danaf]

I don't know what is normal practice or not but it seems to me that he should have averaged 2k over 4 mos and then o for 2 months, thereby reducing your income. - and plus it would have been the truth going by the 6 mos lookback.

I'm not expert, just my opinion. If it didn't hurt you then it probably won't matter - as long as you weren't on the edge of a 13. Plus since you think you will see this going forward - perhaps it was the right thing for him to do.

[tallberry]

We fall under the median income by a little over $300, so I guess we are okay on that but they did put my income on the median income test higher than it actually is. It didn't seem to hurt us but I hate not having the numbers correct, even if it is in the courts favor (to some degree). We are negative on the I vs J by about $300 also. However, if they would have used the right numbers is would have been closer to negative $500. Should I see about getting these corrected?

[erinmi]

The means test totals your actual income in the previous six months divided by six for the average monthly.

Schedule I is an estimate of your current monthly income.

On our schedule I, our lawyer took our most recent weekly paycheck advices and averaged them out to get our monthly income- I assume it was multiply by 52 and divide by 12 since we are both paid weekly.

Thus the income on schedule I and the income on the means test could potentially be different. And ours were

[tallberry]

Thanks erinmi, that makes sense now. Any thoughts on my means test though? Should I have them recheck their numbers on that or just let it go since we are under the median income anyway (however, just by a little bit)?

[tallberry]

Anyone on that last issue? I rechecked my numbers and I am 100% sure the paralegal used the wrong income on the median income test. Right now we are only $300 under the median income when in fact we should be around $2,000 under. Is this splitting hairs or do I have a valid concern?