If I got help from a family member to pay for the attorney...

[lolasaurus]

What are the rules on this?

I assume if it's a gift, it counts as income (bad, we're close to not passing the means test)

If it's a loan, obviously it would be discharged but we could reaffirm it, right?

How exactly does this sort of thing work?

[CCCrazy]

My family helped me with costs for the attorney...what you need to do is have them pay you by check, deposit it into your checking account, and then you write a check to your attorney - then there's a paper trail and it shows where the money went. I don't recall my attorney using my family's help as income - I remember him saying, "then as far as I'm concerned, you paid me."

[lolasaurus]

I think you've misunderstood what I'm talking about.

I don't care what the attorney thinks about it, I care what the trustee thinks about it. Surely a payment from my family to help with the attorney would count as income for me, against me on my means test, right?

[Beedlebrow]

My understanding is that you should call it a loan, and that the repayment terms are the concern of you and the loaner (family), no one else's.

[StartingOver08]

Of course it will not count as income if you for example file in May the income is counted from Nov 2008 thru Apr 2009.

Or as suggested you can call it a loan.

[CCCrazy]

I'm sure Beed and StartingOver are correct with calling it a loan, because I don't recall my attorney worrying about it or counting it as income on my means test.

[lolasaurus]

Of course it will not count as income if you for example file in May the income is counted from Nov 2008 thru Mar 2009.

Or as suggested you can call it a loan.

wait, what?

I thought it was a 6 month lookback from the day you file.

[StartingOver08]

It is - I made a mistake -its fixed now. Sorry.

[lolasaurus]

It is - I made a mistake -its fixed now. Sorry.

No worries, I just have a countdown to the day I file so I about had a heart attack there :o

[lolasaurus]

Maybe I should make a thread about this... but

I got a bonus on Jan 7th for $4500ish. Of course it immediately went to paying bills and restocking the fridge and such. It also made it so I can't pass the means test. Our plan was to file on July 8th (or thereabouts). Are they going to look from Jan 1-Jul 1 for the 6 month lookback, or Jan 8-Jul 8?

[StartingOver08]

The look back period is the 6 full months immediately prior to your filing date.

If you file at any time during the month of May 2009 the lookback period (for normal BK's) is the 6 full months immediately proceeding so Nov 1 2008 thru April 30 2009

If you are filing in July 2009, the 6 mth lookback is Jan 1 2009 thru June 30 2009.

If you do not want a Jan bonus to show in the 6 month lookback, file in Aug so your 6 months runs from Feb 1 2009 thru July 31 2009

[lolasaurus]

The look back period is the 6 full months immediately prior to your filing date.

If you file at any time during the month of May 2009 the lookback period (for normal BK's) is the 6 full months immediately proceeding so Nov 1 2008 thru April 30 2009

If you are filing in July 2009, the 6 mth lookback is Jan 1 2009 thru June 30 2009.

If you do not want a Jan bonus to show in the 6 month lookback, file in Aug so your 6 months runs from Feb 1 2009 thru July 31 2009

aww man I didn't want to hear this

[StartingOver08]

I know we would all like to tell you its ok! But, better to hear it here first so you know how to prepare.....

[keepmine]

Just ask the family member to write the check payable to the attorney.
Nothing says you can't get help with legal fees or normal living expenses.

[JoeBankrupt33]

aww man I didn't want to hear this

That's why you're here - to avoid the pitfalls. Aren't you glad you're waiting until August now rather than messing it up in July?