Question about means test and tax refund

[limage]

Do I include my tax refund in calculating my last 6 months income? If so, do I wait until 6 months after the refund was deposited to not include it? thanks!

[LuciluS]

I think the answer varies from District/State. In our District, it is not included as income. However, we are supposed to spend it and keep receipts. If it is included in income in your District/State, then yes it would be counted in your Means Test.

If the amount takes you over your State Median, you can still file Chapter 7.
However, being over the median may cause scrutiny by the UST. If I were in your shoes, I would wait until if falls off the 6 month look back period for Income.

You can google your city,state and then type bankruptcy and your District website should be at the top. Our district doesn't list every bankruptcy, but it does lists Bankruptcy opinions and orders from the Judges.

I think I would ask your Attorney if it is included as Income.

[limage]

Thanks, I am in Florida if anyone knows. off to googling!

[doingpoorly]

Thanks, I am in Florida if anyone knows. off to googling!

I have not filed yet, but attorney says that it is not included as income and did not include it when calculating my income.
I am in the Southern District.

[bankruptsee]

I live in michigan and my lawyer included it as monthly income

[laurannm]

I think in nearly all states/districts, it is not included as income. However, I can think of at least one member whose district\UST did force them to include as income

[OhioFiler]

I can't see how a TT can force a petitioner to include a tax refund as income for the means test. It's legally incorrect as the tax refund is already included in the petitioner's gross income.

Schedule I is a different matter as it calculated NET income which is after taxes. It is reasonable for the TT to exclude a portion of a tax refund from line 4.a if the petitioner is using the same tax withholding rate that generated the refund in the prior year.

[limage]

I checked with my attorney's paralegal- she said they only look at income, but that I would need to include my 08 tax returns.

I am much relieved. My tax return would have sent me over the median.

[Itsbel62]

I have not filed yet, but attorney says that it is not included as income and did not include it when calculating my income.
I am in the Southern District.

Us too. Also in the southern district. Our atty asked for all of our tax returns for the past 3 years. It's totally separate.

[Rob517]

I live in michigan and my lawyer included it as monthly income

I am also in MI and my attorney said it does not count as income.

Hmmmmm......