When we met with the attorney we had to supply our last 6 months paystubs. The paralegal figured out our income and expense schedules and came up with a figure of $968 which will be next to impossible for us to pay the trustee. I called her back and told her we would wait to file until we could show the cut in my husbands overtime. She said just to remember she uses a 6 month income figure for the means test and a year average figure for the income and expense forms (maybe it was 6 month average for the income and expense and a year for the means test). Is this right? Why use a 6 month for one and a year for the other?? I'm in PA by the way.
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It's the odd way the bankruptcy forms are set up.
The current bk law states that income will be based on the last six full calendar months of income from all sources. That income is then divided by 6 to get a monthly income figure for the Means Test - http://www.uscourts.gov/rules/BK_For...m_22A_0407.pdf for Ch 7.
That same monthly income calculation is used for Schedule I - http://www.uscourts.gov/rules/BK_For...rm_6I_1207.pdf
To compare your income against your state's median for your family size, the monthly income calculation is taken x 12.
Weird, I know. Have to admire the government's dedication to set things up in the most confusing and complicated way possible.Last edited by lrprn; 11-25-2007, 01:49 AM.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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That is strange indeed. The thing is, she actually pulled the
W2's from our last years income tax to figure the whole year.
She figured May-October for one calculation, for the other she
used our total earnings to date which would be 10 months (Jan-Oct) then added 2 months (2/12th) of our w2's from last year. I think I'll go over her calculations and figure them out the way you have it posted. Thanks much for the info.
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