Which chapter???

[Intoodeep201]

Over the last few months both my and my wifes work hours have been reduced and if I do the means test now we would qualify for a Chpt 7. However about late Aug. I will get aobut 2 months of OT at work then go back to reduced hours. That increase for those 2 months will make us over the income for the means test and probably not Qualify for Chpt 7.

I am afraid if we start now we will qualify but by the time everything gets to the trustee and judge I will be working the oT and not qualify and be forced into a Chpt 13 that we won't be able to afford come oct-nov when I am back to reduced hours...

Am I worrying over nothing???

Any idea how that would work...

Thanks

[jeep75]

You should have no problem having your lawyer file by the end of July assuming that you can pay the fees and there are no issues in the past 6 months like $500+ credit card purchases or cash advances etc.. The other question is will the two months of OT when averaged out with the four months prior put you over as it is the average of the last 6 months used on the means test.

[keepmine]

Also, have you run schedules I and J to determine if you'd have enough income to fund a Chapter 13.
What does your lawyer say?

[sunshinepa]

If you get it filed now, you might be ok. Remember, the income is a six month lookbackand you have not worked it yet. You may be asked if things will change but you could just explain the situation to the trustee. If you are below the median, you should not have a problem. I personally would chance it because if you wait, that income will be on the next six month lookback and then you are certain to have a problem.

Are you going to use an attorney or go "pro se"? If using an attorney, they should be able to advise.

[catleg]

The means test stuff is a strict lookback, however the trustee might look for "ability to pay" (sched I/J) going forward at the 341.
Since you could file today and have a 341 in 4-6 weeks that might be an idea worth considering.
Then you can truthfully say my salary is what is reflected on the schedule I.
Plus if you are below median you have more flexibility in filling out schedule J.

[mwr]

Timing is very important in a Means Test issue. Also, the "look forward" Schedules I-J are important. None of this is simple. Put yourselves in the hands of a good bankruptcy attorney and he/she will sort through your situation and tell you what your best options are.