Question about waiting to file

[jdnoye]

When I spoke to our attorney he told me to wait to file a chapter 13, so that my wife's income would "fall off." (She received her last paycheck in January) My income is 80000 per year and the state median is 60000 for a family of 3 in Florida. I thought the trailing 8 months was simply for the means test and not to create your disposable income for a chapter 13 plan. Is this not correct? Also our housing standard on the IRS table is about 500 per month, and we are about to lease purchase a home for 1500 per month, will the trustee allow this expense. Rentals are hard to come by in this area but there are a couple around 1000 that are somewhat livable.

[lrprn]

When I spoke to our attorney he told me to wait to file a chapter 13, so that my wife's income would "fall off." (She received her last paycheck in January) ... I thought the trailing 8 months was simply for the means test and not to create your disposable income for a chapter 13 plan. Is this not correct?

Nope - not correct. Your lawyer is trying to save you from showing more income than you and your wife are currently earning when you file. He's doing you a HUGE favor. Not having your wife's now non-existent income included in the six month look-back will actually DECREASE your monthly payment because you will show LESS disposable income.

Also our housing standard on the IRS table is about 500 per month, and we are about to lease purchase a home for 1500 per month, will the trustee allow this expense. Rentals are hard to come by in this area but there are a couple around 1000 that are somewhat livable.

Whether that level of rent will be acceptable depends on your local court's standard practices and what your trustee considers "reasonable" for the area you live in. This is a question to ask your lawyer who is familiar with your trustee's maximum acceptable expense limits.