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A Bonus before filing+

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    A Bonus before filing+

    Good news/bad news...just received a bonus today equal to about 15% of my annual income. Great to get the cash, but not near enough to keep me out of 7 or 13. This will most likely not be a regular event...does this still count against my 6 month average earnings for calculating the means test? Am I burned by this bonus?
    Thanks,
    Lefty
    Filed Ch 7 - January 29th, 2008
    341 - February 29th, 2008
    Discharge - June 20th, 2008
    Closed - October, 2008

    #2
    Yep, it's gonna count. Double.

    Your pay stubs will reflect the additional income over the previous 6 months. AND the Means Test will simply double the previous 6 months number to derive your annual income. So the bonus is gonna be counted twice, even tho you may only receive it once.
    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


      #3
      Burn through it then?

      What should I do then? I'm going to have to make chap 13 payments based on a disposable income that is not real? This bonus doubled up will obviously make it look like I make a lot more than I do.
      Should I hold on to the money to help make ch 13 payments or will it just be taken away from me as part of my filing?
      Or should I figure out a way to burn thru the money really quick? Since I am technically bankrupt, I probably could figure out a way to do this pretty easily.
      Sorry about all the questions...should probably talk to attorney.
      Filed Ch 7 - January 29th, 2008
      341 - February 29th, 2008
      Discharge - June 20th, 2008
      Closed - October, 2008

      Comment


        #4
        If you wait until the bonus drops out of you 6 month's income, would that take you down to Ch 7 level??

        Others have done that. Received an unexpected bonus that is not normal course of business for their employers. They've waited out the extra time and then filed.

        Whatever you do about spending the money,............... Be sure you spend it on necessities and keep receipts just in case. You definitely want to CYA yourself.
        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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