341 meeting tomorrow (income question)

[underachieve]

I have a concern regarding this meeting. I only qualified for Chapter 7 by $200 and my case was filed March 30th. I am salary plus commission so my pay can vary. I know they go by last 6 months. Here is the concern. I get paid on the 5th and the 20th. When I met with my attorney, I had not received my March 20th pay stub yet. It was for more than I usually get and I have a feeling if that stub was counted in the last 6 months, it would put me over income limit. Is this a valid concern?

Everyone talks like these 341 meeting are quick, painless, and under 10 minutes. I only have 3 creditors. Trustee has likely already reviewed some documents in my file correct? I am bringing my 2009 tax return to attorney office tomorrow to bring to 341 meeting but my taz return would not have caused any issue because in 2009 for the entire year, I was under the income limit even if they wanted to go back that far.

But if income is calculated by last 6 months and filing date was March 30th, attorney did not calculate income from my March 20th paystub which was last 1 I received before filing. What is the chance this will be a major deal?? Especially when i pass means test by $200.

In fairness, in April, my pay took a major dip but that is after I filed. Seems everything counts the day you file and 6 months prior.

Also, is there anywhere to find specific comments on certain trustees?

If there was an issue with anything that trustee has reviewed, would I be made aware of this before meeting?

[OutofTime]

I'm sure I read somewhere that the 6 months doesn't count the month you filed so it would be feb-sept but I could be wrong. My 341 was yesterday and it went smoothly, good luck on yours.

[marie]

if filing date was march 30th, the look back period would be from sept 09 to Feb 10

[MSbklawyer]

It's the 6 calendar months preceeding the filing. For instance, if you filed today, May 20th, your months would be November, December, January, February, March and April.

Since you filed on March 30th, your months would be September through February, inclusive. There's no days or partial months involved.

[marie]

It's the 6 calendar months preceeding the filing. For instance, if you filed today, May 20th, your months would be November, December, January, February, March and April.

Since you filed on March 30th, your months would be October through April.

huh ??? you sure MS ??

Oh never mind, I just read your disclaimer

[MSbklawyer]

huh ??? you sure MS ??

Oh never mind, I just read your disclaimer

Yep:

11 USC 101 (10A) The term "current monthly income"--

(A) means the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor's spouse receive) without regard to whether such income is taxable income, derived during the 6-month period ending on--

(i) the last day of the calendar month immediately preceding the date of the commencement of the case if the debtor files the schedule of current income required by section 521(a)(1)(B)(ii);

[marie]

go back and re read your post;)

[MSbklawyer]

go back and re read your post;)

Ok, what? Are you imagining things again? ;)

[marie]

LOL ! Bad Boy ! OK , I'll be the crazy British Lady .... ( gotcha captured in the quote though ...hehe...)

[underachieve]

OK, thanks.

I did not know that. If had to do it again, i would prob. go with different attorney.

341 meeting is scheduled for 8 hours from now.

Was thinking of doing my post filing BK counseling now. I understand I just have to di it before discharge, right?

Thanks again. Such a stressful position to be in.