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Means Test-one time income & expenses

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    Means Test-one time income & expenses

    In April 2010 the house I was renting was foreclosed on by the lender. The lender offered me 4K to move out by early May. Long story short, my wife and I found a place and completed the move, thus receiving the 4K by check and depositing it in our checking account. I understand I need to count this "windfall" towards means testing purposes. What we did however was use the 4K towards putting deposit & 1st month's rent on new place, plus moving expenses. I don't see anywhere on the means test where these obligatory expenses can be accounted for. Anybody know if these one time, yet unavoisdable expenses can be accounted for in means testing?

    In addition, my old landlord ended up refunding my security deposit from the old place in late April. Do I also need to count that?

    Thank you
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

    #2
    After running numbers figuring these two extra income windfalls, I am actually at $58/month DMI on means test, which means PASS, and after re-running Schedules I and J I am at $1.03/month DMI. I think we should be fine, objections or other opinions? Reason I ask is because if we can't file this month (have to wait 3 more months etc) then I want to pay cc's one more month to stave off the bs that will begin happening.

    Thank you whoever may answer this.
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

    Comment


      #3
      use average income

      Hi cssjoe!

      The best advice I have seen is to average the windfall over 12 months.

      Pay the cc people? Blasphemy !!!

      But then again, all those calls.......

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

      Comment


        #4
        Correction, 6 months on means

        Correction.....for the means test you average the last 6 months income. Instructions are specific for that. For the schedules you can average more (or less) as there appears to be no specific instructions.

        Tom in Colo
        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

        Comment

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