If the last two years my husband earned over $80k which would have knocked us out of the ball park for the means test for a chapter 7. The first quater of this year he earned about $22 but, so far since march his income has significantly dropped due to the economy. My question is this.. if he can keep his income within the allowable amount to pass the means test for a family of two (california) which is $5425 and maintain that for the next six months.. is that all that matters? He can tell his employer he can not work overtime to accomplish this. Is the last six months prior to filing all that matters or can the trustee look beyond that to determine he has previously earned a much higher amount which I don't think would be fair due to the economy and things in a persons life change which can cause you to earn less than previous years.
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They look at the six calendar months prior to the month you file. You also need to fill out schedules I and J to make sure that you don't have excess money at the end of the month. -
We would still have to fill out those schedules even if we pass the means test?Comment
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Wow. We're in the exact same boat. Barely above the means, in CA, great first quarter. We're waiting out our 6 months w/out overtime and will be just under the means.Comment
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Yep you can be below means but have no expenses. You have to prove you don't have enough disposable income to pay a chapter 13 plan.Originally posted by keepmine View PostChapter 7 07/30/2008
341 09/17/2008
Discharge 11/21/2008Comment
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