Means test and large commission check coming?

[metoo]

I'm close to filing to block a foreclosure (probably will need to file within the next 3-6 months) and right now easily pass the means test. There is a pretty good chance that I will get a large commission check in about 45 days. That check will possibly give me too much income for the 6 month look back. If I go ahead and file before that check is cut do I have to worry that the trustee will later see the commission check and redo the math? Can the trustee take the money if it is paid out after I file or is it mine?

Thanks!

[lrprn]

If I go ahead and file before that check is cut do I have to worry that the trustee will later see the commission check and redo the math?

In Ch 7 your bankruptcy estate is set on the day you file. What happens after filing doesn't matter much unless you get an inheritance within 180 days of filing or deliberately commit bankruptcy fraud when you file. Plenty of smart people plan their bankruptcy to file at the time that's best for them. There's nothing wrong with doing that.

If you are filing with a lawyer, ask his/her opinion but chances are they will tell you to file now before the check arrives.

[helpmeout]

It won't be included in the means test if you don't receive it before you file, but if it was earned before you file chances are the trustee will treat it like an accounts receivable at the time of filing and will want the money.