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Income look back period

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    Income look back period

    Hello,

    I am new here and even new to this conversation. My wife and I have been just keeping things together to try and stay out of BK. However, in doing so over the last 2-3 months we have done everything in our power to increase our income. Including her going back to work at the first of August. Now we were just served papers for a lawsuit for one of the CC that still have not been willing to work out a payment arrangment with us. This really forces us towards this option.

    My question is if you look at a full 6 months of our current income we do not fall below median and maybe even not below the means test for ch7. However, if the lookback period is only 6 months before Oct 27 we fall under median (since wife will only have income from 3 months). When does the lookback peroid begin? Filing, appearance at Trustee meeting, or discharge. Would this be red flag territorry if monthing income begins creeping up after filing??

    Thoughts??

    #2
    Income/assets/debts are all set on date of filing.
    Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

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      #3
      The lookback period is the entire six months starting on the month before you file. It doesn't matter what day of the month you file. For instance, if you filed today, your total income from August, July, June, May, April, March would be considered. Anything you earn after filing is out of the picture in most cases (aside from lottery, inheritance, etc.) It's not considered part of the BK estate. Our atty told us I could work as much as I wanted after filing.
      Filed Chapter 7 08/06/09, unsecured debt of $109,000
      341 Meeting 09/09/09
      Discharged 11/12/09
      Closed 12/14/09

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