Income determination

[DoneinWA]

Looking for help on how trustee determines income. Six month average is well under median (by $2300 per month). I am a 100% commissioned sales person. Income fluctuates wildly from month to month, with larger months being June through August, and then dropping off September through January. I had a great month that was paid in June and July is looking good as well (not enough to put me over the median, but close). Getting ready to file on June 28. Will trustee stick with 6 month look back or use the increasing (temporary) income? I have a three year history to support the seasonal fluctuations.

I am afraid of being sent to a Chapter 13.

Thank you.

[GettingGoing]

I am pretty sure that the 6 month look back period is standard. If your previous 6 months income prior to the month of filing put you under the median then you should be able to file a ch7.

[newbie2]

Looking for help on how trustee determines income. Six month average is well under median (by $2300 per month). I am a 100% commissioned sales person. Income fluctuates wildly from month to month, with larger months being June through August, and then dropping off September through January. I had a great month that was paid in June and July is looking good as well (not enough to put me over the median, but close). Getting ready to file on June 28. Will trustee stick with 6 month look back or use the increasing (temporary) income? I have a three year history to support the seasonal fluctuations.

I am afraid of being sent to a Chapter 13.

Thank you.

If you can hold off to file until the first of the year, that would be best. Then you'd only have July through December as your look back. (Or crunch the numbers in Sept or October to see if you are under the median).

Also, talk to an attorney about this. It could be that in your district there is some kind of leeway for 100% commissioned sales people with seasonal fluctuation. You never know unless you ask.

Good luck to you.

[DoneinWA]

Due to reasons I won't bore you with, I really need to get this behind me. I guess I am just confused as to how the income is determined for Schedule I. I see so many conflicting answers. Here is my example: six month average is $4326 (gross), 12 month average is right around $5000. June just happened to turn out to be an extremely great month - will it be repeated? - Who knows. 100% commission is impossible to predict.

Thank you.