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Means test changing from month to month?

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    Means test changing from month to month?

    We changed our filing date from mid-December to mid-January because the trustee apparently now wants to do full calendar months of paychecks. Always starts at the 1st of the month, so I have to delay filing due to a bonus received at the 1st of the month about 6 months ago.
    Has anyone heard of the means test changing from month to month? I asked if I qualified for a 7, and the attorney said we do but barely. He said we'll have to wait until next month to know for sure because the numbers change from month to month? What does that mean? I get paid exactly the same every month and my expenses are the same, basically. He made it sound like there is some variable changing from month to month? Has anyone else ran into this?
    Yes, I am insane.
    Leftyf
    Filed Ch 7 - January 29th, 2008
    341 - February 29th, 2008
    Discharge - June 20th, 2008
    Closed - October, 2008

    #2
    could it be due to the numbers changing in FY 08 for the emans test example the IRS amounts??
    Chp 7 Filled 2-21-08
    341 Hearing 3-24-08

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      #3
      And the attorney made have been making a "general" statement as most of his clients probably do have variable income and expenses etc.

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        #4
        What he probably means is he doesn't know what the future numbers will look like until they're posted. Month to month is more a figure of speech. Usually there's a few months notice of changes in future numbers. If you take a look at the official BK website you can see how many changes have been made for this year and also the new numbers effective 1.1.08.

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          #5
          I know I'm a guru and should know this, but what is the official bk website? Do you mean the Federal Government's site?
          Thanks,
          Lefty
          Filed Ch 7 - January 29th, 2008
          341 - February 29th, 2008
          Discharge - June 20th, 2008
          Closed - October, 2008

          Comment


            #6
            Folks, since the current bk law went into effect in Oct 2005, the lookback for six months of income on the Means Test has always been six full calendar months. The income calculation has always started on the 1st of the first month six full calendar months back.

            Search the old posts since Oct 05 here in the forum. I've posted about the six full calendar months to calculate income multiple times myself as have the other mods. It's nothing new.
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

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