do I have to take the means test?

[jdphillips73]

the income test for a single person in TN is 36,180 or 3038 per month.
I have reduced my income to under 3038 per month for the past six months. Would I be able to file ch 7 without a means test?
isn't only the previous 6 months of income considered when filing bkruptcy?

[debtor36K]

everybody has to do a means test.

[jdphillips73]

i guess what im trying to ask is how far back to they look to find if you are under the median income? 6 months or 12?

[MomIcantFindmy]

6 months for the means test. Is your income likely to go up in the next 6 months?

[keepmine]

Keep in mind, the means test is only part 1. Next, you have to fill out schedules I and J to determine if you have enough disposable income to fund a Chapter 13.

[TEW]

It’s a six month average or look back. But the top of the form is just the income. If you are over on income try doing the rest of the form and see how you make out. You are close. Have you talked to an attorney or two or three?

[jdphillips73]

The reason Im asking is my previous 12 month income is over the means test, but my previous 6 months is under the means. I stopped working overtime during the last 6 months to be in better shape to file ch 7. I just wanted to make sure that when taking the means test, they only consider the previous 6 months, not the previous 12.

Yes, I am aware of the other schedules that I must pass, I am in good shape there.

also, when i file ch 7, does any income that i make AFTER filing count? i.e. can i start working overtime again, or is it wise to wait til after 341 or after discharge?

[Cali]

The look back is 6 mths.

You will have to report any change in income until your 341.

[soleprop]

so basically, do the means test, file, and keep working standard full time until after the 341 - then if you wanna take OT you can

[BKParalegal]

When you are at your 341, the Trustee will ask if your income has changed since you filed, and you have to answer as quickly and with as much sincerity as when your wife ask you if she looks fat in this dress? and of course the answer is..... a little.

[soleprop]

Lol!!!!

[magyar123]

When you are at your 341, the Trustee will ask if your income has changed since you filed, and you have to answer as quickly and with as much sincerity as when your wife ask you if she looks fat in this dress? and of course the answer is..... a little.

If your wife asks that just say '' you still look as good/beautiful as you did the first time we met".