Question about income

[jennyn]

I am married, filing by myself. On the means test when it asks for my husbands income, the directions say to average the last 6 mos. He has been out of work most of that time, which is good for the #'s. But on the paperwork it asks to "project" income and he just started a new job. Can I use the two diff #'s the lower for the means which is the actual avg for prev 6 mo and the projected for the anticipated earnings? I am filing pro se, I'm clear on everything else, this is confusing to me though. Thanks!

[magyar123]

Just never mention that you are married, then you don't have to list anything except your income.

[lrprn]

Just never mention that you are married, then you don't have to list anything except your income.

VERY BAD ADVICE! When a married debtor includes their mandatory tax returns when they file, it will become immediately obvious to the trustee that the filer is indeed married. The bk court takes being lied to very seriously and they prosecute to the fullest extent of the law. Bankruptcy fraud is a crime - hiring a good lawyer or paralegal who knows how to fill out the forms correctly is a much better alternative than time in jail and fines.

[lrprn]

I am married, filing by myself.

Jennyn, do you intend to file Ch 7 or Ch 13 bankruptcy?

On the means test when it asks for my husbands income, the directions say to average the last 6 mos. He has been out of work most of that time, which is good for the #'s. But on the paperwork it asks to "project" income and he just started a new job.

Which section and line on your bankruptcy forms state that you need to include your husband's "projected" income? I've looked through the latest versions of both B22A forms for Ch 7 and B22C forms for Ch 13 - I can't find anything that instructs you to do this.

If you are filing Ch 7 on your own, then the only place you have to include your husband's income on the B22A Chapter 7 forms is in Part II Column B. Then any part of your husband's income that does not go towards household support is subtracted back out in Part IV Line 17 Marital Adjustment.

"Projected income" is not a part of the current bankruptcy law for Ch 7 filers.

And if you are thinking you can file Ch 13 on your own, you really need to rethink this. The current bankruptcy law has made filing Ch13 very difficult. Over 90% of filers who try to file Ch 13 on their own end up getting their cases dismissed (thrown out) by the trustee.

[jennyn]

Which section and line on your bankruptcy forms state that you need to include your husband's "projected" income? I've looked through the latest versions of both B22A forms for Ch 7 and B22C forms for Ch 13 - I can't find anything that instructs you to do this.
Schedule I, Current income of debtor

If you are filing Ch 7 on your own, then the only place you have to include your husband's income on the B22A Chapter 7 forms is in Part II Column B. Then any part of your husband's income that does not go towards household support is subtracted back out in Part IV Line 17 Marital Adjustment.
Is there a standard for determining the Marital Adjustment?

"Projected income" is not a part of the current bankruptcy law for Ch 7 filers.
Am I looking at the wrong forms?

And if you are thinking you can file Ch 13 on your own, you really need to rethink this. The current bankruptcy law has made filing Ch13 very difficult. Over 90% of filers who try to file Ch 13 on their own end up getting their cases dismissed (thrown out) by the trustee.

NO WAY, Chapter 7

[lrprn]

Schedule I, Current income of debtor Here's a link to B22A http://www.uscourts.gov/rules/BK_For...m_22A_0407.pdf - these are the Means Test forms used to see if you qualify to file Ch 7.

If your income here comes out less than your state's median income and you show no disposable income on Part III Line 15, then you stop filling out the forms here.

If some disposable income shows on Line 15, then you continue to fill out the remaining Parts until you reach Part VI Determination of Presumption. If at the end of this section, Line 55 you can check the first box, then again, you've proved you can file Ch 7 and you can stop.

However if you have to check the second box on Line 55, then you head into the rest of the Means Test plus all the schedules. You may be doing a lot more than you have to if you are concerned about Schedule I

Is there a standard for determining the Marital Adjustment? This is one of the grayest, most confused part of the "improved" 2005 bankruptcy law. There's a great deal of variation in how the courts are establishing how to determine a non-filing spouse's or roommate's contribution to the household. This is when it's very helpful to have a bk lawyer who is familiar with how other cases have been handled in your bk court by your assigned trustee.

Am I looking at the wrong forms? No, I think you're just going farther into the Means Test than you may have to - see my comment above.

NO WAY, Chapter 7 Good luck then - I hope the Means Test comes out in your favor and you can file Ch 7. Which state are you in? What was your income from all sources looking back for the last six months? Are you married? Have any dependents? Are you trying to save any assets (house, car) when you file?

Have you met with any bankruptcy lawyers yet? Most give free consultations with no obligation. Make some calls and set up appointments - you'll learn a great deal and have a chance to see who you might work best with to file your case.

Sorry for all the questions. It's much easier to help you sort out your options if we have a little more information about your situation. Hope this has helped you a bit.