31st day or 1st day to apply BK

[almost]

How does the trustee calculate the prior 6 months. If I file on the last day of Feb. does this mean that the 6 months start on 1 st day of Sept. or do I have to wait until March 1st. I would like it to be 9-1-07 to 2-28-08 the six months Thanks for any input.

This is the verbage on the means test:
All figures must reflect average monthly income received from all sources, derived during
the six calendar months prior to filing the bankruptcy case, ending on the last day of the
month before the filing. If the amount of monthly income varied during the six months, you
must divide the six-month total by six, and enter the result on the appropriate line.

So file on feb 28th means that includes that month counting it a the six month.

[butterflywings]

I am filing on the last day of Feb which is the 29th this year. My lawyer is using pay stubs from the months of Aug through the last day in Jan.

Edited to add I want to make sure I get in with the April 341 meeting. At least in our area 341's are once a month, and its at the beginning of the month. If I filed the first week of March I would probably get bumped to the May 341 and I don't want that. I want this over with!

[almost]

Thanks Butterfly, I thought there is 29 days in Feb this year. Well that it interesting about the once a month 341. Is your lawyer filing on the 29th.

[butterflywings]

Thanks Butterfly, I thought there is 29 days in Feb this year. Well that it interesting about the once a month 341. Is your lawyer filing on the 29th.

Yes. I'm going in before that to do the paperwork and I've already done the credit counseling. We are just waiting to file electronically until the 29th.

[almost]

Good luck. I think I'm going to take my paper work to the main office and drop it off and get my case number. Because I'm going pro se. Hoping that the clerk looks over the paper work for any mistakes.

[CindyLou]

when my brother filed his attorney told him that if he filed after the 10th of the month, then the previous month's income would count....for example.....he filed on March 11th, which meant his income through Feb.28th of the previous month would count, but if he had filed on March 10th, then his income through the end of January would have been counted.

[almost]

Thanks I will wait then until the 11th

[Cali]

when my brother filed his attorney told him that if he filed after the 10th of the month, then the previous month's income would count....for example.....he filed on March 11th, which meant his income through Feb.28th of the previous month would count, but if he had filed on March 10th, then his income through the end of January would have been counted.

I've heard that as well.