commission based employee ???'s

[morallyBR2]

I'm commission based and it fluctuates. My only gurantee is 10 dollars an hour. How should I figure my income??? How will the courts and trustees figure my income?

[lrprn]

For the Means Test, your income is figured by adding up all the income you (and if you are filing with a spouse, their income too) from all sources looking back the last six full calendar months before you file.

The six months figure is then doubled, then divided by 12 to get your average monthly income for filing.

[morallyBR2]

Thats what i was afraid of. I just finished my best months out of the year. The rest are down hill for me. I was wanting to file about the end of june or early july. i'm already working on tanking this month. What is I have had this job for a few years? Can I substitute tax returns?

[lrprn]

What is I have had this job for a few years? Can I substitute tax returns?

No. Unless your debt is more than 50% business related, you have to use the actual income from the six months prior to filing. You can thank your 2005 congresspersons for voting to require the Means Test that forces things to work this way.

If you are determined to file Ch 7 and the only way you can do so is for your income to be under the median income for your state, then your best option is to wait longer until the six full calendar months look-back drops your income below the median.

[morallyBR2]

Should I just wait a couple of months? I'm tanking this month already and next month will not be great either. I'm current on all of my accounts except two. can I stop paying the others? I can't afford to keep paying these cards any longer.

[morallyBR2]

Also, on the median income, is that gross or net?

[keepmine]

Median income is gross income.
Stop paying all debts youwish to discharge in bk. Have you spoke with a lawyer? Why the rush to file?

[morallyBR2]

Im going Thursday to speak with her in person. Can I not discharge a debt if I am current? Off the subject, did I see something on here about not being able to file against signature loans or credit union debt?

[keepmine]

You can be current on debts and still have them discharged.
Signature loans are unsecured and have the same standing as cc's. They can be discharged.
The problem with CU's is the cross-collateralization issue. If you have a secured debt with the Cu and wish to reaffirm, they can refuse to accept the reaffirmation unless you also reaffirm any unsecured debt.

[morallyBR2]

No reaffirmations with the CU and my checking and savings I have with them have less than $5 each.