Will this be problem??

[itcaughtup]

Ok, so yesterday I filed for ch 7 with an attorney in my area. I make just below the median for my state, CT, and have just gotten a promotion and will be making more $ do my attorney said that i had to hurry up and file yesterday because if i make any more $ it may put me over the manes test. I was under the test by $112.00 a month. The problem is they are going back to 11/1/07 for my previous 6 months which is fine except... I had started a new job on 11/1/07 which is also fine but my previous employer had held back 2 commission checks i had coming from sept 07 and oct 07 which totaled 2,900 and 1,200 respectively. My question is i had earned that $ outside of the 6 months that are checked prior to filing BUT, i didn't receive the check's until mid January and then the other in early Feb. Do I have to count those into my income now because that is when they were paid or can I omit them becasue I earned the money awhile ago? I hop that makes sense, my meeting (341 I think it's called) is on 6/10 and my attorney's secretary said i may need bank statement which will show those deposits???

[Dollar Bill]

That's very sticky.

My atty said he got into it with a trustee that wanted a client of his to base funds on when they were accrued instead of when he received the money. The man made money in a certain last six months, but didn't receive the check until the 1st of the next month outside of the last six months. My atty said he was right by not using the money the client made in the six month period but received on the first.

Sounds like your atty should know this. Well....what did he do for your calculations? Did he use it?

My guess would be that it will have to be included since it was received in your six month period. I received a check dec '07 for work I did dec '06. I had to use it in my calculations.

[itcaughtup]

Thanks a lot for the response, we used it and it looks like that will push me over the edge for the means test. Do you or does anyone know if that is the end all of the ch7 process, are any other factors considered when calculating the means test as opposed to just the standard deductions. It's a little tough as I am single, no kids and have a better the decent job!!

[soleprop]

do you mean that your income is over your state median for your family size? or do you mean that your disposable income would indicate presumptive abuse if you tried to file CH7 because you have more than $100 a month available to pay to your creditors?

[itcaughtup]

My income is just under the median for my state and family size, which is just me. My intent is to file for 7 but now I'm nervous i'll be kicked into 13

[Dirk Squarejaw]

Now you have to do schedules I&J and see where your actual expenses put you. After reading a lot of posts here, there have been more than a handful of people successfully file a chapter 7 even though they were over the median. Your actual monthly expenditures just need to make it where you have no money left over at the end of the month......on paper. A good attorney can help you with your expenses and tweek them a bit here and there to make it work in your favor.

[itcaughtup]

Now you have to do schedules I&J and see where your actual expenses put you. After reading a lot of posts here, there have been more than a handful of people successfully file a chapter 7 even though they were over the median. Your actual monthly expenditures just need to make it where you have no money left over at the end of the month......on paper. A good attorney can help you with your expenses and tweek them a bit here and there to make it work in your favor.

That what I thought but my attorney made it sound like I am allowed certain expenses by the IRS and thats the maximum no mater whether your expenses exceed them or not
Are they counting my credit card debt in all these calculations?

[lrprn]

That what I thought but my attorney made it sound like I am allowed certain expenses by the IRS and thats the maximum no mater whether your expenses exceed them or not

The required figures from the IRS are used on the Means Test, but not on the Schedules. Your actual expenses are used there.

Are they counting my credit card debt in all these calculations?

No. Those debts will be discharged if you file Ch 7 so they aren't included in your disposable income calculation.

[itcaughtup]

Thanks for the help. Given that usually not much goes my way I have to assume their will be problems but I am trying at all costs to avoid being pushed into ch 13...