Surviving during 6 month period prior to filing

[dakota112]

How do most people planning to file CH 7 and stay below the means for income survive? I am just curious to see how they are doing it especially since the this means income is also taxed. I received cash help from my family on the full month prior to the 6 month lookback period so I am hoping this is not considered income by the trustee. It is still being used to help pay bills but it was not deposited in the bank nor was it "received" in the 6 month period prior to filing and it will be all spent prior to filing. Has anyone else done likewise and anyone out there know if this is legit as far as not affecting Means test income?

[Chowder]

....but it was not deposited ....

If a tree falls in a forest and no one is nearby to hear it does it make a sound ?

[StartingOver08]

Even if you deposit it in the month in which you file (for example Oct 2009), the money is NOT counted in your means test.

The means test uses the income from the 6 FULL months prior to your filing date (April 1 thru Sept 30).

If you have help from family members, it is best to have them pay the bill directly so the funds don't touch your hands.

[JoeBankrupt33]

You received the income prior to the 6 month lookback, so it's not going to be considered income. Any amount that you have in cash when you file should be listed as an asset on schedules B and C (if exempt). There are two ways around this: perjury is one and spending the cash on exempt items is the other, assuming the cash is not already exempt.

[dakota112]

I have no intention of committing perjury in this process which is the point of my comment. If the cash was obtained in the 7th month prior to the look ack period, first of all does the trustee request an affidavit from family member who gave it to me or do they "take my word" I didn't receive it in the 6 month look back period, and 2nd the money will all be gone by the day I file having purchased necessities of life like food, gas, vet bills etc. Is this cash therefore income or not? I intend to tell my attorney I received it and it is what it is.

[Chowder]

Don't over-think this dakota. It would have to either be a quite significant amount or regular assistance.

The chances of some isolated "event" becoming an issue, is extremely remote.

[dakota112]

Hell, thanks for the encouragement, its just that this whole process has made me so paranoid and I just want to be able to explain things if they come up without looking like I am not telling the truth. The amount of money was 6000 dollars and it is just about all gone anyways. I'm sure somewhere it is going to be asked how you supported yourself and receipts will be requested which I have.Would have been tough to make it to Dec 31st without it. Our family will need more after we file until I can hopefully get back on my feet but even that will take time. I don't know how these poor other families are getting by, without help from their families. It must be awful for them and I feel really bad for these folks all in this pickle. It is actually quite cruel what our govt has foisted upon this disadvantaged, misfortunate class of people. I think it goes against what our founding forefathers actually intended BK to do for its citizens in distress. The real fraud is actually being committed by the Bankers, brokerage firms, etc, those who are insiders, and connected. It is a travesty. My attorney is really strict and I am just hoping when I tell her this next month she won't construe this to be earned income as it would put me over the Means Test and into CH13.

[Chowder]

It's easy to get the crap scared out of you reading this forum. Most people are on the verge of a stroke the night before their 341 because of reading some of the posts here.

Fear not. The odds are on your side.

Whatever you do, don't get so freaked out and defensive you look guilty at the 341.

[keepmine]

There is no law saying you can't get help from family.
As others have said, don't overthink this. Since it was received before the 6 month lookback, you are not required to report it.
If, the trustee asks how you support yourself, just tell the truth. The trustee will have heard your story many times over the years.

[JoeBankrupt33]

Truly, if you don't have the cash anymore and it was more than 6 months ago, it doesn't affect anything. You could tell your lawyer, but, most likely, he'll tell you the same thing you heard here. I also doubt the trustee will question how your support yourself.