DH Weekly Income - no pay for 3 weeks?

[LuciluS]

DH did not receive 2 consecutive paychecks in April & a small paycheck the next week due to being in the hospital for one week & recovery time.

He also did not receive a paycheck for a week in May. He had asked off for Sun-Tues as his mother flew in from IN. The Mill was shut down that week and they told him to take the rest of the week off. Now, I'm sure they will not put that in writing.

We are using Mar - Aug income & filing 9/30/09 because we need to let some of my income drop off in Feb. Will Trustee ask for other paychecks, say like in the month of May.

Our Attorney requires an Itemized Breakdown by week from his employer before we file...not just paystubs. FYI, his weekly pay period is Sun - Sat. & checks dated on following Wed.

Luci

[JRScott]

I had to turn in copies of 6 months worth of pay stubs myself.

[LuciluS]

JR:

Thanks; however, that is not my question.

Because he did NOT work 3 weeks during the 6 months, will the Trustee require additional paystubs for Sept.? even though the 6 month look back period is Mar. 1, 2009 - August 31, 2009.


Luci

PS No paystubs allowed by our BK Attorney. Must be a signed detailed list of paychecks from his Employer. I've haven't met with our Attorney since January & plan to call Monday to set up an appt. for July.

I'm just trying to get a 'feel' of our Income vs. Expenses as his Income is way below the Median for our State and I receive SSD which will be used to determine the Disposable Income.

[Rick9972]

DH did not receive 2 consecutive paychecks in April & a small paycheck the next week due to being in the hospital for one week & recovery time.

He also did not receive a paycheck for a week in May. He had asked off for Sun-Tues as his mother flew in from IN. The Mill was shut down that week and they told him to take the rest of the week off. Now, I'm sure they will not put that in writing.

We are using Mar - Aug income & filing 9/30/09 because we need to let some of my income drop off in Feb. Will Trustee ask for other paychecks, say like in the month of May.

Our Attorney requires an Itemized Breakdown by week from his employer before we file...not just paystubs. FYI, his weekly pay period is Sun - Sat. & checks dated on following Wed.

Luci

I guess I am confused about what you are asking. The means test requires all income within a certian timeframe. Could be 1 payday, could be 54 paydays, it does not matter. The only thing that matters is the actual income.

[eddiep]

No I doubt it, you should be able to prove that there was no income earned by looking at the year to date income on the next check. If a person had no job and therefore no paystub the trustee would not keep going back, just six months and that is it.

[LuciluS]

I guess I am confused about what you are asking. The means test requires all income within a certian timeframe. Could be 1 payday, could be 54 paydays, it does not matter. The only thing that matters is the actual income.

I think we were posting at the same time. Did I explain any better in my second post?

Luci

[LuciluS]

No I doubt it, you should be able to prove that there was no income earned by looking at the year to date income on the next check. If a person had no job and therefore no paystub the trustee would not keep going back, just six months and that is it.

Thanks eddiep! We are way under the Median Income for AR; however, my SSD (not included in the Median Income Test) will be included in the Income vs. Expenses to determine the disposable income.

Luci

[eddiep]

so your DMI will be low enough if you wait for Feb income to drop off?

[LuciluS]

so your DMI will be low enough if you wait for Feb income to drop off?

Almost 90% sure it will be in the negative as we fork out $500 a month in prescriptions. I spent $5,000 on much needed dental work. Think we will have another $3,500 - $5,000 in medical expenses also. I've got a lot of medical bills to pay from DH in the hospital in April & my Cancer Surgery in March. Insurance company has paid all their part except the $22,000 in hospital bill..It is still Pending. All of this is with Medical Insurance. I know, do not payone over $600.

Mortgage is $900 for a 1340 sq. ft. home and Dh's truck is $489 a month. Both are Current!

Luci

[eddiep]

Were you the one with skin cancer?

I just heard on the news the other night that medical expenses make up 60% of all bk filings. That is an absolute shame that you have to file over medical bills, otherwise you seem to have very reasonable expenses. My mortgage is twice as much as yours and DH's truck is his business right?

[LuciluS]

Were you the one with skin cancer?

I just heard on the news the other night that medical expenses make up 60% of all bk filings. That is an absolute shame that you have to file over medical bills, otherwise you seem to have very reasonable expenses. My mortgage is twice as much as yours and DH's truck is his business right?

Yes, it was me who has/had skin cancer. Will see in August if they got it all.

Since the car wreck (not DH's fault) 3/14/05, I've had 7 surgeries. DH had 2 stents in 8/05, 5 bypass 2/07 followed by pacemaker implant 6/07 & has been hospitalized several times from Cellulitis, last being this past April - Severe Case.

Your mortgage is higher because you live in a State, NH, where the cost of living is much higher than Arkansas. DH's truck is a 2006 Dodge Dakota. We bought it used with 10,000 miles & has around 35,000 miles on it now. We financed a 4 yr. warranty. He is a big man at 6'6" tall, size 16 shoe & doesn't 'fit' in all vehicles. He usually drives 40 miles to work on Sat/Sun. Parks his truck & gets in a Big Truck owned by his trucking company & is usually back to his employer on Fri/Sat. Usually has one full day off every week.

I drive a 1999 Toyota Sienna Van which is paid for. NADA Good Retail last week was around $5,825. The rear seats have been removed & replaced with a remote control lift which holds my Scooter. Only has 4 Captain Seats left.
Has some structural damage on the rear passenger side as I hit by dad's mail box back in 2003. I'm hoping the difference maybe exempted as 'Medical Aids'. Attorney suggested getting a Estimate to repair the rear & take photos of the inside of the Van.

Van only has just under 97,000 miles, so should last me another 10 yrs. as I only drive no more than 25 miles to doctor visits, tests & such. DH does the main grocery shopping on his day off as I can only put so many items in between the handle bars & seat of Scooter. I use a pop-up hamper & only able to buy small items.

Luci