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    How is a median income figured for chapter 7 is it..

    throughout six months or it all of your yearly income you claim on your taxes?

    #2
    Originally posted by deesown View Post
    throughout six months or it all of your yearly income you claim on your taxes?
    I believe they use the last six months of income and then double it to see if it is below/above the median for your state.
    Filed Ch. 7 Pro Se: 12/11/08
    341 Meeting: 1/7/09
    Trustee's Report of No Distribution: 1/9/09
    Discharged: 3/10/09

    Comment


      #3
      Originally posted by deesown View Post
      throughout six months or it all of your yearly income you claim on your taxes?
      Looking back the last six full calendar months before you intend to file, first add up all the income you earned from every source - any cash advances, bonuses, second jobs, private consulting gigs, cash gifts, etc.

      Next take that "last six months" total x 2.

      This is the "income" you compare against your state's median income for your family size - http://www.usdoj.gov/ust/eo/bapcpa/2...come_table.htm

      After Oct 14, 2007, this table is changing, so be sure to check it again after that unless you intend to file in the next few days.
      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

      Comment


        #4
        lrprn,

        Cash advances??????? You mean we have to include cash advances in our income? How can that possibly be fair? Obviously, we won't be able to get cash advances after BK. Wow, that will definitely change our timeline on when to file.

        Rick
        11/29/2007 - Filed Ch 7
        01/08/2008 - 341 Hearing
        03/12/2008 - Discharged
        03/21/2008 - Closed

        Comment


          #5
          Originally posted by RickInMich View Post
          lrprn,

          Cash advances??????? You mean we have to include cash advances in our income? How can that possibly be fair? Obviously, we won't be able to get cash advances after BK. Wow, that will definitely change our timeline on when to file.

          Rick
          Yeah, that seems weird to me, too. Why would a cash advance be considered as income when the NEXT 6 months you will not be getting that same "income"? Also, that income does not go on your taxes, does it? Maybe my tax guy put it in as income, but I don't recall him doing so...

          Also, lrprn, ya think there is ANY chance the median income would go down and not up, for California?? If so that could screw our case . I would think it would be most likely to go UP, not down, with all the inflation we are experiencing as a country right now. Oh well, it's too late to do anything about it, now. Hopefully if it does down, it won't go down too much! Has it gone down, ever, in recent history?
          <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
          FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

          Comment


            #6
            Must be a typo!!

            A cash advance from a CC is a debt not income. I hope!!!!!!!!

            Comment


              #7
              Sorry for the confusion, folks. I was thinking about cash advances from your employer against future pay or cashing out 401K funds during the six months prior to filing - these do count as income. I don't think that cash advances from credit cards count as income in the six-month lookback. As always, it's best to check with your lawyer to be 100% certain about anything you read here.
              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

              Comment


                #8
                Originally posted by lrprn View Post
                Sorry for the confusion, folks. I was thinking about cash advances from your employer against future pay or cashing out 401K funds during the six months prior to filing - these do count as income. I don't think that cash advances from credit cards count as income in the six-month lookback. As always, it's best to check with your lawyer to be 100% certain about anything you read here.
                Whew! You had me worried! Thank goodness!
                <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
                FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

                Comment


                  #9
                  Depending on how your Court does it, you may have to actually have nearly 7 months of pay stubs.

                  In our Court if you were gonna file by the end of this month,...........

                  You'd need this month's pay stubs. Plus pay stubs from Sept, Aug, July, June, May, and April. To the first of April. Even tho the Code says it's a 6 month look back, it's really more like 7 months the way our Court does it.

                  Different Courts handle that issue differently. Attnys in your area will know what your Court expects.
                  Filed Ch 7 - 09/06
                  Discharged - 12/2006
                  Officially Declared No Asset - 03/2007
                  Closed - 04/2007

                  I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                  Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                  Comment

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