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Budget shenanigans and the means test

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    Budget shenanigans and the means test

    If I am understanding the means test, I use the six calendar months previous to filing.

    Here's the shenanigans. In order to 'save' money this fiscal year, my state (my employer) delayed our June 30 paycheck by one day to put it into the next fiscal year. This means that technically I only received half my regular salary in the actual calendar month of June (paid twice a month). All other paychecks are being permanently 'delayed' so I will not have any months with 3 paychecks.

    I am afraid that the low month of June is going to raise a red flag for the trustee, even if I am following the letter of the law, because it puts my DMI at -$300 or so. Even without the shenanigans (state's not mine), I pass the test, no problem.

    Anybody have any advice?
    Filed Ch 7 pro se Oct 2010 . Filed student loan AP pro se Feb 2011 . Discharged Feb 2011 . AP trial 1/10/2012 . $28K in student loans dismissed Jan 2012 . ECMC appealed. Appeal hearing 7/2012. Original judgment upheld 9/2012.

    #2
    Me thinks your worrying way too much about nothing. The 6 month look back is just that, nothing more and nothing less.

    Just relax yo will be fine

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      #3
      Not an issue. Only would be a potential problem if you intentionally delayed your income. Like 'forgetting' to turn in your time sheets for a month or something.
      Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
      (In the 'planning' stage, to file ch. 13 if/when we have to.)

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        #4
        Agreed. It's a non-issue...
        Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
        0% payback to unsecured creditors, 56 payments down, 4 to go....

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          #5
          This is good to hear again. My situation is very similar, except my paycheck that would normally be on Fridays, since January 1 was a Friday, my company paid us all on 12/31/09. If that check was included, we would have been over.
          Retained Lawyer: June 28 Filed Chapter 7: July 8 341 Meeting: August 16

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            #6
            I don't know what state you are in, but it is unlikely there will be any problems. IF the issue comes up, just tell the Chapter 7 trustee what is happening. I doubt if you are the only one with this type of problem. From what you have stated, your employer is the one playing with your income, not you.

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              #7
              Thanks all! One thing I don't have to worry about...
              Filed Ch 7 pro se Oct 2010 . Filed student loan AP pro se Feb 2011 . Discharged Feb 2011 . AP trial 1/10/2012 . $28K in student loans dismissed Jan 2012 . ECMC appealed. Appeal hearing 7/2012. Original judgment upheld 9/2012.

              Comment


                #8
                You are worrying way too much about a non non issue. But you're hardly the first here to do so.
                12/2009 Stopped paying CCs; 3/10 1st suit;
                8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
                9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED

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