Never imagined getting unexpected $ would upset me!

[trueblues]

I'm sorry, please excuse the rant. I thought everything was looking good for my plan to file Chapter 7 in July. I have an appt. with a lawyer next week.

I did a California means test online and we passed by about $1,200. Very close but we just slipped under.

On Friday my husband got his bi-weekly paycheck and it was for double the amount! He thought they made a mistake so emailed his boss and boss told him it was a bonus for 2008. In December Hubby was told that he wouldn't get his usual year-end bonus because the company was making cuts. We don't know why they changed their minds. But now it's April and it puts us over the 6 month median by $2,000. I re-did the online means test and it says we fail - presumption of abuse arises.

I would normally be thrilled for the unexpected money, but now we may have to wait another 6 months to file with his normal income. (I lost my part-time job in January and wanted to ask the lawyer if I can apply for unemployment in late June to keep our income down, or if I have to give it up all together).

I just missed the first payments on a couple credit cards so I expect the calls to start soon. We owe so much on cc's that this extra money won't make a dent in our debt. I know things could be worse, I'm just disappointed because I thought we were on our way.

[jeb]

I had sort of the same think happen - I had a stock account with some options in it. I was told in Nov that they were worthless but on the Dec statement I had over 4 grand in the account!

As I was WAY under the median so the problem was here in Florida the lack of a way to cover it under exemptions. My attorney advised me to put it towards the vehicle I am keeping - the vehicle still fell above the equity line. Did so and problem solved.

Suggest you talk with your attorney about the means test vs the schedules - my understanding is that a lot of people have successfully filed ch 7 even when failed the means test. - jb

[DebtStinks]

If you file in April then this month won't count for your means test calculations. The 6 month average is based on the previous 6 full months not counting the month you file in.

When you say you passed the means test by $1,200 do you mean that you are under the CA mean income for your famly size by $1,200? Or do you mean that after taking the means test your DMI was $1,200 under the 60-month limit ($6,575 or $10,950 depending on your total unsecured debt)?

[shabam]

You have to laugh at the irony and timing hey.

[TEW]

I'm sorry, please excuse the rant. I thought everything was looking good for my plan to file Chapter 7 in July. I have an appt. with a lawyer next week.

I did a California means test online and we passed by about $1,200. Very close but we just slipped under.

On Friday my husband got his bi-weekly paycheck and it was for double the amount! He thought they made a mistake so emailed his boss and boss told him it was a bonus for 2008. In December Hubby was told that he wouldn't get his usual year-end bonus because the company was making cuts. We don't know why they changed their minds. But now it's April and it puts us over the 6 month median by $2,000. I re-did the online means test and it says we fail - presumption of abuse arises.

I would normally be thrilled for the unexpected money, but now we may have to wait another 6 months to file with his normal income. (I lost my part-time job in January and wanted to ask the lawyer if I can apply for unemployment in late June to keep our income down, or if I have to give it up all together).

I just missed the first payments on a couple credit cards so I expect the calls to start soon. We owe so much on cc's that this extra money won't make a dent in our debt. I know things could be worse, I'm just disappointed because I thought we were on our way.

Try doing a search on the forum do some reading about bonuses.

[trueblues]

If you file in April then this month won't count for your means test calculations. The 6 month average is based on the previous 6 full months not counting the month you file in.

When you say you passed the means test by $1,200 do you mean that you are under the CA mean income for your famly size by $1,200? Or do you mean that after taking the means test your DMI was $1,200 under the 60-month limit ($6,575 or $10,950 depending on your total unsecured debt)?

I'm not filing in April, I was laid off in January so was waiting until July to file to let my income fall off.

Sorry, I get the terms mixed up. We were under the CA mean income by $1,200 for the six-month period prior to filing. Now we're over. I forget what the DMI was.

[trueblues]

Suggest you talk with your attorney about the means test vs the schedules - my understanding is that a lot of people have successfully filed ch 7 even when failed the means test. - jb

Thanks. Will do.