Means Test Income vs. Schedule I

[bbgstartingover]

I'm below the median for a single person in the State of Colorado, so I passed the Means Test. However, I'm nervous because my monthly income based on the previous six months prior to filing is $2950 and my gross income on Schedule I is $2470 (net is $2280). I know I probably shouldn't be nervous because I was making more in the previous six months than I am now. Do you think this will be a red flag to the Trustee?

Last November and December, I was still being paid twice a month as a salaried employee, and for those two months I also received full commissions ($250/mo). Beginning January 1st, I started getting paid as an hourly employee. Even though my hourly rate didn't change, my first week's pay in January was held due to the way hourly paychecks get processed (i.e., I'll get paid that week's check if I ever leave my job), and for most months, I get paid 4 times a month, and the remaining months, I get paid 5 times a month, depending on how the calendar shakes out. The 4-paycheck total gross is about $200/mo less than my salaried monthly gross in Nov and Dec. Also, our sales division hasn't hit its monthly sales goals yet this year, so my commission for each of the past 4 months has dropped to $100 - $150/mo.

What are your thoughts and thanks again for everything. I'm filing tomorrow!!! YAY!

[Dirk Squarejaw]

I'm interested in this as well because I get paid every two weeks and due to getting paid 3 times in January instead of the normal 2 pays, my 6-month average looks inflated compared to what I will make this month.

[justplaintired]

I'm interested in this as well because I get paid every two weeks and due to getting paid 3 times in January instead of the normal 2 pays, my 6-month average looks inflated compared to what I will make this month.

We had the same situation for Jan and Feb, they were actually 5 pay checks those months due to DH payday being on Wed. This made our income look higher then normal. Since then the last 2 months have been normal 4 week pay checks. Wonder if this will be a problem. It actually put us almost $500 a month extra then what is normal for us. It all evens out in the end I think, but I just am a little curious about this.

[CATCHMEIFYOUCAN]

It evens out in the end. Whe you say you "past the Means Test": what was the figure? I'm assuming it had to be negative (there is no such thing as pass or fail, but people just define it that way). I guess I could say I "past the Means Test: I was negative $60 disposable income. But this is where your actual schedules will trip you up, my schedules I and J proved I was $800 positive (disposable income). The Trustee went after the $800!

Best of Luck, Catchmeifyoucan

[laurannm]

Hi Catchme,

if I may ask, what caused your schedules to show so much extra income? Was your real expenses that far under the IRS numbers on the means test?

[cleo1357]

My schedule I showed about $800 disposable as well, but when I looked at it I noticed that there were several allowable deductions that had been left off. Even though my paralegal said it was fine the way it was, I made them file an amended schedule (cost me $150, should have looked at it closer before I filed). I made sure it was accurate, and there were no questionable deductions on it- brought me down to about $8.00 disposable. There was also child support income on my Schedule I which I made him take off. I have received ONE child support payment in the last two years, which happened to be in the six months before filing, so it was on my means test. The schedule I is suppose to reflect current income, and I could prove that I do not receive, nor do I expect to receive child support, so I made the paralegal take it off.. The trustee said nothing about it at my 341.