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    I just started a new job, less income, will they use my income now or go 6 mos back to old income when I file ch 13?

    #2
    The Means Test will look backwards, but your Schedule I/J will look forward. This is pretty settled caselaw for Chapter 13s. They will look at your forward-looking finances to determine your disposable monthly income (DMI). However, your current-monthly income (CMI) will look backwards. The CMI calculation could put you in a 5-year (60 month) plan rather than a 3-year (36 month) plan.

    Let me just add that some Districts look at the Means Test as the starting point as to your DMI. They then look to the more forward-looking Schedule I/J to determine what your DMI is likely to be going forward.
    Last edited by justbroke; 02-10-2019, 10:52 PM.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

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