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    What happens to my rental income

    Where do I put rental income on Current monthly income means test?

    Will the trustee keep the monthly rental income after I file? or can I still collect this income during the automatic stay until discharge?
    Thanks
    Last edited by Pasofino; 02-12-2010, 02:36 PM. Reason: add on

    #2
    Originally posted by Pasofino View Post
    Where do I put rental income on Current monthly income means test?
    There is no "current monthly income means test". The means test uses past income. Current monthly income goes on schedule I.

    Will the trustee keep the monthly rental income after I file?
    More than that, he's probably going to want the rental property unless you have some way of exempting it. About the only way to exempt rental property is through some wild-card exemption, which are usually fairly small, or if you rent out part of your own home.

    Please tell me that you're not trying to do a bankruptcy pro se if you own rental property.
    Last edited by MSbklawyer; 02-12-2010, 03:20 PM.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

    Comment


      #3
      Originally posted by MSbklawyer View Post
      There is no "current monthly income means test". The means test uses past income. Current monthly income goes on schedule I.



      More than that, he's probably going to want the rental property unless you have some way of exempting it. About the only way to exempt rental property is through some wild-card exemption, which are usually fairly small, or if you rent out part of your own home.

      Please tell me that you're not trying to do a bankruptcy pro se if you own rental property.
      That made me chuckle.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

      Comment


        #4
        Means test info

        Originally posted by OhioFiler View Post
        That made me chuckle.
        My forms state
        Chapter 7 Statement of Current Monthly Income and
        Means-test Calculation Form 22A

        which I must file along with Schedule I

        This is for AZ
        If you want to file for Chapter 7 bankruptcy, you must at least complete the first part of the form to figure your "current monthly income" (CMI), which is based on your average income over the past six calendar months. That number will determine whether you must complete the rest of the form.

        The rental properties are in forclosure but I am still receiving income.

        No Laughing please!
        Thanks
        Last edited by Pasofino; 02-12-2010, 06:23 PM. Reason: added info

        Comment


          #5
          Means test info

          Originally posted by MSbklawyer View Post
          There is no "current monthly income means test". The means test uses past income. Current monthly income goes on schedule I.



          More than that, he's probably going to want the rental property unless you have some way of exempting it. About the only way to exempt rental property is through some wild-card exemption, which are usually fairly small, or if you rent out part of your own home.

          Please tell me that you're not trying to do a bankruptcy pro se if you own rental property.
          Yes, I am filing pro se
          / and Please tell me you are not an attorney???

          If you want to file for Chapter 7 bankruptcy, you must at least complete the first part of the form to figure your "current monthly income" (CMI), which is based on your average income over the past six calendar months. That number will determine whether you must complete the rest of the form.
          Last edited by Pasofino; 02-12-2010, 06:27 PM. Reason: add on

          Comment


            #6
            Originally posted by Pasofino View Post
            My forms state
            Chapter 7 Statement of Current Monthly Income and
            Means-test Calculation Form 22A

            which I must file along with Schedule I

            This is for AZ

            The rental properties are in forclosure but I am still receiving income.

            No Laughing please!
            Thanks
            Has the foreclosure finalized? Has the gavel fallen at the sale? Or is it just in some pre-sale phase of foreclosure?

            Until the foreclosure finalizes, you are entitled to the rents from these properties. After that, the lienholder will be entitled to the rents. If your bankruptcy filing occurs before the foreclosure sale, those rental properties will be property of the bankruptcy estate and the estate will be entitled to the rents unless you have some way of exempting the rental property.

            When you actually file your bk petition, your rental properties will become property of the bankruptcy estate
            Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

            Comment


              #7
              Originally posted by MSbklawyer View Post
              Has the foreclosure finalized? Has the gavel fallen at the sale? Or is it just in some pre-sale phase of foreclosure?

              Until the foreclosure finalizes, you are entitled to the rents from these properties. After that, the lienholder will be entitled to the rents. If your bankruptcy filing occurs before the foreclosure sale, those rental properties will be property of the bankruptcy estate and the estate will be entitled to the rents unless you have some way of exempting the rental property.

              When you actually file your bk petition, your rental properties will become property of the bankruptcy estate
              I am filing a few days before the foreclosure date in March.
              I am hoping to collect rent for March and of course spend it before filing. I trust the April rent will go to the bk estate.

              I understood the current tenant will have 90 days once the
              stay is lifted?? and /or renegotiate the lease with the bank. They are on a month to month.

              As the property taxes are paid separately ...do I need to be concerned about listing back taxes? and
              can I pay ahead on my current residence which is not in foreclosure?

              Thanks
              Last edited by Pasofino; 02-12-2010, 11:06 PM. Reason: add on

              Comment

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