Temporary job & Schedule I

[mb10240]

I posted this in another one of my threads earlier, but I guess it just got lost in the mess...

Basically, I've been registered with a temp agency for 10 months. At the beginning of that ten month period, I did my required weekly check-in every week and frequently applied for temp positions through the agency's website, but never received any sort of assignment. Did this for several weeks, but most of the companies using the temp agency were looking for "temp to hire" and being a licensed attorney doesn't help me in that regard when most of the positions are data-entry, paralegal work, and ketchup packet manufacturing.

I stopped checking in when I got a position working for an attorney in a small town, a position that lasted from April-June. Right around the time my employment ended with her, I went on 6 interviews for permanent positions (didn't get any of 'em). Because of those interviews, I didn't bother checking in with the temp agency, because I figured surely I'd get one of those jobs. But I did check their website and applied for a few assignments, which I'm assuming I didn't get.

So, I recently started checking in again in-person with the agency a few weeks ago, and low and behold, after 10 months, I get a 2-day assignment that paid me a whopping $118. It is by no means regular employment -- 2 days in 10 months isn't regular.

So, how should I account for this on my Schedule I? Should I not even bother listing it and explain the situation to the trustee should it come up? Should I list it as monthly income even though it isn't regular employment?

[justbroke]

You should include all income from all sources even if it's non-taxable or otherwise... insignificant. That's because the definition of current monthly income (CMI) in 11 USC 101 (under definitions) is all income from all sources.

As such, I'd include it and divide the amount over the 6 months prior to filing, by 6 for the average.

[mb10240]

You should include all income from all sources even if it's non-taxable or otherwise... insignificant. That's because the definition of current monthly income (CMI) in 11 USC 101 (under definitions) is all income from all sources.

As such, I'd include it and divide the amount over the 6 months prior to filing, by 6 for the average.

It wouldn't be included in the 6 months prior to filing, though, by the definition provided in 11 USC 101:

[CMI] means the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor's spouse receive) without regard to whether such income is taxable income, derived during the 6-month period ending on--

(i) the last day of the calendar month immediately preceding the date of the commencement of the case if the debtor files the schedule of current income required by section 521(a)(1)(B)(ii); or
(ii) the date on which current income is determined by the court for purposes of this title if the debtor does not file the schedule of current income required by section 521(a)(1)(B)(ii); and

If I file on the 26th of this month, "the last day of the calendar month immediately preceding the date of the commencement of the case," would be September 30th. The temp assignment was on October 13 & 14.

[justbroke]

It wouldn't be included in the 6 months prior to filing, though, by the definition provided in 11 USC 101:

I didn't know the exact dates, but you're right, if you file by the end of "this" month (October).

[mb10240]

I didn't know the exact dates, but you're right, if you file by the end of "this" month (October).

My worry is the "look forward" period. As I'm going to have to submit pay stubs from the last 60 days (the stub from the two day assignment would be the only one), I fear that I can't just put "0" as my gross income on Schedule I. It's a lousy $118 gross, but my big worry is that if some expenses on my Schedule J are not judged as "reasonable," that one time payment of $118 might just be enough to put me into Chapter 13.

I also worry because I've read cases where the UST has taken a one time assignment or one-time payment and annualized it as if it is reoccurring, when this is clearly not a reoccurring assignment.

[justbroke]

Yes, but you could argue with the UST on that point. If you're under-the-median, I don't see the UST probing into your numbers anyhow. They have much better things to do than to batter-down an under-the-median income filer. Just because you have an expense, but not the income to pay the expense, doesn't mean that the expense doesn't exist. The bankruptcy is supposed to help you with that issue, so that your expenses are affordable after -- the so-called "fresh start".

I wouldn't worry about the UST if you're under-the-median.

[mb10240]

Yes, but you could argue with the UST on that point. If you're under-the-median, I don't see the UST probing into your numbers anyhow. They have much better things to do than to batter-down an under-the-median income filer. Just because you have an expense, but not the income to pay the expense, doesn't mean that the expense doesn't exist. The bankruptcy is supposed to help you with that issue, so that your expenses are affordable after -- the so-called "fresh start".

Unfortunately, I'm over-the-median... very slightly over the median (we're talking by probably $200). After marital adjustments and such are taken into account, I've got a -198.00 DMI.. I'm sure there will be some probing though.

And an update on this -- temp agency called today with another temp job, this time a 4-6 week job, paying $8.50/hr. Would end in mid-November, before Thanksgiving. Accounting for this income on Schedule I would push us into a positive monthly income of quite a bit (of course, it wouldn't be a problem on the Means Test, since the money wouldn't have to be accounted for there), even though when you work it out, it's essentially a one-time payment of $1500.

I'm really concerned that my Chapter 7 is at risk. I have to file this month -- with the new numbers, we're not just a little bit over median anymore, we're several thousand dollars above median. I'm sure I could just explain in Schedule I that the job is my first major assignment in 10/11 months and scheduled to end before Thanksgiving without any major grief, right?

[justbroke]

Personally I don't know how to handle your situation. It's a special case, with the temporary employment ending before you'd even have your 341 Meeting! That may work in your favor though, as you'd just tell the Trustee/UST that the assignment ended.

[mb10240]

Personally I don't know how to handle your situation. It's a special case, with the temporary employment ending before you'd even have your 341 Meeting! That may work in your favor though, as you'd just tell the Trustee/UST that the assignment ended.

Looks like I won't have to worry about it! I showed up to the assignment this morning and was immediately sent home. Apparently there was a miscommunication between the agency and the company that I would've been working for regarding some time off (I needed one day off in the next three weeks). They couldn't accommodate that saying it was too much time off...

It would've been bad karma working for them anyways -- it was a job working on foreclosure paperwork... lol.

[justbroke]

Well, that's good and bad news I suppose. I'm happy and sad for you at the same time, if that's possible. Hang in there! Relief is just around the corner!