Can you file mid-month?

[lalap123]

Do you have to file by the first of the month or wait until the next one? I think my attorney is planning on filing my case before March. Won't this mean my case just "sits" somewhere until my income for February has all come through? How can I know for sure that I still qualify for a chapter 7 if all income hasn't cleared for the month?

Thanks!

[tdawg]

I filed on the 21st, so yea, you can file mid month.

[StartingOver08]

You can file on any business day. You do not use the income for the month in which you file. Only the income for the 6 FULL months prior to the filing date is included. For example, if you are filing on any date in FEB 2010, the income that is used to calculate your means test and all the petition information is August 2009 through Jan 2010.

[myfreshstart]

I have a question to add to that: We are planning to file in June, so that would be December-May based on the above poster. Since we are both paid bi-weekly, our "extra" pay check came in december, they count everything that is paid in that month, correct? So, we might be better off filing in July which no "extra pay checks to make sure we stay below the median?

[TEW]

I filed on the day that was best for ME to file on. I made sure I had very little money in the bank.
The day you file is just as important as all the other planing you do when you file.

[StartingOver08]

TEW is right. Choose the date that works best for you. If you are close to median income and waiting to file a few days later until the following month is beneficial then wait the extra time.

[keepinitreal]

I have a question to add to that: We are planning to file in June, so that would be December-May based on the above poster. Since we are both paid bi-weekly, our "extra" pay check came in december, they count everything that is paid in that month, correct? So, we might be better off filing in July which no "extra pay checks to make sure we stay below the median?

Filing in July would accomplish your goal. July itself probably has 3 paychecks too though, so be careful not to let the filing date slip to August.

[stikks]

Hello ,just to stay on topic.I am in a similar situation.If I file Mar 1 will my august income not be included in the six month look back,havn`t posted since august (lurking everyday and found some great advice)and am getting close to filing and would like to not include August income.--thanks

[StartingOver08]

Hello ,just to stay on topic.I am in a similar situation.If I file Mar 1 will my august income not be included in the six month look back,havn`t posted since august (lurking everyday and found some great advice)and am getting close to filing and would like to not include August income.--thanks

Right. If you file on any business date in Mar 2010, then the six month lookback is Sept 1 2009 thru Feb 28 2010

[myfreshstart]

Filing in July would accomplish your goal. July itself probably has 3 paychecks too though, so be careful not to let the filing date slip to August.

Thank you, I was was wondering how that all worked if it was date to date or what - this clears it up.

[stikks]

Right. If you file on any business date in Mar 2010, then the six month lookback is Sept 1 2009 thru Feb 28 2010

Thank you for the reply,trying to hold off a summons until March
I`m in construction and had a good month in August-Sept.Havn`t made squat since then.Those summer months might hurt my six month look back.-thanks again-