What do you think...

[DustinLH00]

+1

I think the OP is mad at all of us for talkin...

I think I wouldn't want to stand in front of a judge and explain why I thought 14k wasn't enough of a "change" to mention.

[Trixie007]

I think I wouldn't want to stand in front of a judge and explain why I thought 14k wasn't enough of a "change" to mention.

[SuzieBK]

I wonder if it is untrue for the OP to answer "no" to the question "Has anything changed since you filed?" even if he has gotten the 14K check before the 341. His work is commission-based, therefore he is not accustomed to getting a regular paycheck. He is, however, accustomed to getting large commission checks on an irregular basis. So while the amount is larger than most of us get in one chunk, this may not be that unusual a situation for the OP. So nothing has actually changed for him, he just got a commission check. This may be letter of the law and not spirit of the law, but I'm curious about others' thoughts.

[ela805]

Filed 6/11/09
341 7/22/09
Last day 9/22/09

Just poking my head into this thread to say~Wow, you filed on 6/11 they gave you the 341 date on the spot? I got mine in the mail a couple of weeks later. Hmmmm....

[pookieny]

I'm under the NY single filer median in pay rate, but if you add in some little commisions and overtime, then I was over. Not by much, but over so my attorney had me wait a few months to see if I could qualify for a 7. I just did qualify and was under but a really small amount.

[DustinLH00]

I thought they looked at your gross income not net after taxes? Am I wrong? If that is the case we can file sooner, and not wait for some income to drop off of the 6 months.

They look at your gross annual income and base it off of the past six months of gross income. When you are filling out the means test and/or Schedule J, you list your payroll tax deductions there.

So if you are trying to qualify for a Chapter 7 and you are over the median income, then yes you need to wait for that income to drop off...

[cantwait]

I thought they looked at your gross income not net after taxes? Am I wrong? If that is the case we can file sooner, and not wait for some income to drop off of the 6 months.

[Amy26]

Ah I missed the filing part... so sad... well good luck to him.... he's gonna need it. The worst part will be if he comes back here in like 3 months and says "haha it all worked".

[LuciluS]

Filed 6/11/09
341 7/22/09
Last day 9/22/09

OP has Filed...see above. Afraid OP found the 'Right' Attorney who will put him out in the Cornfields IF OP statements are Accurate and True.

Dang! Sure wish we could come up with 1% of his upcoming commission check.

Luci

[pookieny]

Oh never mind, I see he already filed.

[Amy26]

Well yea he could if he wasn't trying to cheat the bankruptcy courts...

[pookieny]

Can't you postpone filing BK untill the large check drops off in six months? I was over the median and my attorney delayed filing for 2 months until I was under.

[jribe]

I'm going to buy an engagement ring a new bed and get ahead on my car payment. That should do it.

Getting "ahead" on the car will not work, unless your state has an unlimited vehicle exemption. Also- you'd have to exempt the engagement ring too.

If your car has equity- the trustee can take it. Plain and simple. Same thing with the ring- if you go out a buy a $7,000 ring (lets say) the trustee will want the money for it if you can't cover it in exemptions.

I would suggest your read NOLO's BK book at least to get more details.

From reading your posts, it makes it seem that you think if you buy certain things with money you're okay and can keep them. It is certainly not.

The trustee always looks for assets to take.

And with 14k, even if you were able to buy "covered" assets- the trustee will likely challenge it anyway. Because of such a large amount received after filing.

[ecsclb1724]

Oh! Hmmm!!! Trustees know when filer(s) speaks the "Untruths" at 341 hearings.

I know zero about bankruptcy commissioned only income(s) filers. So will 'bow out' of this discussion

Luci

not just one 14K check, but A FEW 14K checks in the near future...

[LuciluS]

No, I don't consider your situation unethical either... you are basing your decision on laws. You are waiting the proper time for something you know exists and filing accordingly.

This person knowingly realizes he will get a 14k check in the very near future and wants to file BEFORE he gets that check to circumvent the system so he doesn't have to include that as income. THAT is unethical... to me. Legal? I guess so... but just doesn't seem right.

Oh! Hmmm!!! Trustees know when filer(s) speaks the "Untruths" at 341 hearings.

I know zero about bankruptcy commissioned only income(s) filers. So will 'bow out' of this discussion

Luci