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    #16
    Thanks for the reply, I am not going to hide anything, I was under the assumption the means test was calculated on the 6 months prior to the month you were filing

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      #17
      Soleprop, in the Means Test it only includes up to the month previous to filing.
      Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

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        #18
        wow, good to know!! i will have to look at my filing, as i calculated based on including the filing month...
        Filed 7/28/08, Discharged 10/29/08
        (filed pro se: nonconsumer no asset CH7)

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          #19
          Thanks BK, so should I wait or just file now

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            #20
            I understood it includes the month you file also. My ex-employer paid me my accrued retirement funds in a lump sum, and it made a difference. We filed at the end of the month; it was just the way it worked out.

            You really need to ask your attorney about this.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

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              #21
              I did ask him. He stated income is 6 months previous to filing month. I guess he doesnt want to explain to Trustee about it. Funny thing is I used the money to pay bills and attorney and only have 1K left.

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                #22
                ACat, You understood wrong then. Retirement funds aren't income if you rolled into another IRA within 45 days. Otherwise it is non-exempt asset and would need to be spent prior to filing. I think it is becoming clear how you became an Asset Case.
                Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

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                  #23
                  You are right BK. We had extremely POOR legal advice that we paid hard earned money for. Our attorney was very aware of all of these things happening and we were given no guidance at all. DH and I didn't start becoming educated in these matters until we found this forum. By then, it was too late.

                  Don't worry. Those retirement monies were spent on trying to keep up with our bills.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

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