top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

just a quick question

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    just a quick question

    I know in Chapter 13 they use your last 6 months income to figure or at least that's what I've heard. What if you have a part-time job that would provide income during that time period and you quit and/or got fired? Can they still use that income if you obviously don't have it anymore? Please let me know. Thanks.

    #2
    Originally posted by inajam37 View Post
    I know in Chapter 13 they use your last 6 months income to figure or at least that's what I've heard. What if you have a part-time job that would provide income during that time period and you quit and/or got fired? Can they still use that income if you obviously don't have it anymore?
    Yes, any income from any source that you get during the six full calendar months before you file either Ch 7 or Ch 13 is included to calculate your income for the Means Test.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      And the means test is what determines whether you file Chapter 7 or 13? I'm confident we'll end up filing chapter 13. My question now is will they use that income to help figure out what our payment will be each month or just to see how we qualify for the means test? Thanks.

      Comment


        #4
        Originally posted by inajam37 View Post
        And the means test is what determines whether you file Chapter 7 or 13? I'm confident we'll end up filing chapter 13.
        What makes you confident you'll file Ch 13?

        My question now is will they use that income to help figure out what our payment will be each month or just to see how we qualify for the means test? Thanks.
        When you file for Ch 13, any income from the previous six months from your part-time job, even if you have left it, counts for the Means Test and also to figure out how much disposable income you have to set your monthly Ch 13 payment.

        Thank the 2005 Congress for passing this very badly written and conceived current bankruptcy law that forces you to use this artificial way of calculating your income.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Well, couldn't you ask for an amendment after the income has been accounted for? After all your income definitely would of changed once you quit that part time job?

          Catchmeifyoucan
          July 2006: Filed Ch13 :blink:
          Oct 2006: Converted to Ch7 :clapping:
          Jan 2007: DISCHARGED :clapping:
          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X