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Doing an emergency filing this Friday...creditors threatening legal actions

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    Doing an emergency filing this Friday...creditors threatening legal actions

    Well I just gave $1300.00 to an attorney for them to file Chapter 13. We will be doing a emergency filing this Friday.

    Question: They asked for my February Pay checks to base my income off of. Is this correct? I thought it was all based on your last 6 months. The girl told the means test is based on the last 6 months but the income is based on my recent pay stubs.

    Responses anyone?
    CopyCat...aka: DH

    Filed: 2/22/08

    #2
    I think so, my lawyer requested the same thing.
    Good luck!

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      #3
      Your in a chapter 13, the means test is of little use. Your disposable income (i.e. the money you would pay to the trustee on a monthly basis) is based on your actual income-expense differential.

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        #4
        It should be based on your past 180 days of total income prior to filing
        Started in Chapt 13 Switched to Chapt 7 Discharged 2009 Dec.........Filed New Chapt 13 in 2010 to deal with new surgery bill and stripped second mortgage! The story continues

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          #5
          ours was based on all income, bonuses, refunds ect, for 6 months we even had to acconut for all deposits into our checking account, to make sure they got everything.

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            #6
            We only had to give them 2 months worth of paychecks and 2 years of taxes.
            Filed: October 1, 2007 341: December 10, 2007
            CONFIRMED: December 10, 2007
            Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

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              #7
              I suspect that because this is an emergency filing, your attorney is just looking at the most recent paystubs for now to get a ballpark figure. Just a number to plug in at this point, with amendments to be filed later on. Time is of the essence thing, ya know????????? Just my guess.........
              You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

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