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Look-back period beyond 12 months

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    Look-back period beyond 12 months

    Spoke to a lawyer about luxury purchases made last spring (covid panic buying 15k in 2 months using cc), and he wasn't concerned about them. However, on bk forums and websites, the look-back cut off seems to be 12 months. Do trustees only go back further than 12 months if the creditor complains and hires a trustee lawyer? Is the worst case scenario that only portions of the unsecured debt get discharged? Everything that's older than, say, 2 years?

    Secondly, what is more important, the 6 month look back on paystubs or the last 2 years of W2s? I qualify for the 6 months of paystubs (working exactly 40 hrs a week and no more), but not for the past 2 years of W2s (higher 70k range because of massive OT). The job is non-skilled (transportation) and is likely going away in the next 5 years due to reorganizing the company and outside competition, so a 13 to hold an average job that likely won't be there in 5 years doesn't make good financial sense to me.

    Further, there are job openings that put me a few thousand beneath the median income threshold, but have higher future earning potential. Would a job change, even after the 6 months of qualifying chapter 7 paystubs, look bad right before the signing the petition?

    #2
    I would always advise looking to your future as your top priority. Before I filed my Chapter 13 I ended up taking a 47% pay cut for your very reason; the good news is this job change has paid huge dividends 8 year later, not only am I now making more then I did back then, I'm making a LOT more.

    When it came time for my Chapter 13 filing, the trustee asked about the reduction in my income; I explained the reasons why and he immediately moved on to his next question.
    Chapter 13 (not 100%):
    • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank cum Bank of Southern California
    • Filed: 26-Feb-2015
    • MoC: 01-Mar-2015
    • 1st Payment (posted): 23-Mar-2015
    • 60th Payment (posted): 07-Feb-2020
    • Discharged: 04-Mar-2020
    • Closed: 23-Jun-2020

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