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Filing CH 7 income question

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    Filing CH 7 income question

    I just recently moved to another state.
    My attorney I retained is in the state i moved from.
    I currently have no bills except car that is 2 months behind.
    Prior to the move I had rent, utilities, etc.
    My year to date income is like $7500.
    I have been unemployed since may 1st 2009
    I understand they take your last 6 months income.
    I averaged about $2,300 monthly so that would put me at $4600 divided by 6 months equals about $766 monthly.
    However, I don't have any income now. Will this push me into a ch 13 or shall I wait another 2 months being Im living with relatives rent free, free food, cell, etc.
    I'm anxiously looking for a job now though.
    9/22/2009 - officially filed chapter 7
    11/03/2009 - scheduled 341 - COMPLETED
    01/04/2010 - last day for objections
    01/11/2010 - DISCHARGED & CLOSED

    #2
    If you are no longer making that, wait until the 6 months factors in the lowest amount of income.

    My dh had a pretty good job until March and part of April. We are waiting until end of Oct to file as the 6 months of the lower income makes us just under the median. If we filed now, we'd be over...
    Stopped paying CCs 6/09
    Filed 1/10
    341 = 3/10
    6/22/2010 DISCHARGE!!

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      #3
      If your last six months puts you below median now, there is no reason to wait to file. Your CURRENT monthly income shows that you are unemployed. NO INCOME, even if you have no expenses you will still come up with a big fat zero left over.

      Comment


        #4
        Yes I am way under the median. Actually I have a $375 car payment but the car is at the bodyshop and might be totaled. I have a $1,000 deductible and it would be a wash with what i owe vs value. I might just go ahead and file then.
        9/22/2009 - officially filed chapter 7
        11/03/2009 - scheduled 341 - COMPLETED
        01/04/2010 - last day for objections
        01/11/2010 - DISCHARGED & CLOSED

        Comment


          #5
          as far as the receipts are concerned could i just use my bank statements to show where i shopped. i used my debit card all the time. on statements shows walmart, bjs, etc. also, do i even need to complete the means test since I am way under the median?
          9/22/2009 - officially filed chapter 7
          11/03/2009 - scheduled 341 - COMPLETED
          01/04/2010 - last day for objections
          01/11/2010 - DISCHARGED & CLOSED

          Comment


            #6
            No, you don't need to do anything in the remaining portions of the means test if you are below the median income in the first section.

            Comment

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