Question Regarding Income and 6 month look back

[James24255]

My wife lost her job back at the start of June, and just to simplify the filing process my atty recommended filing in December so we'd average below the median.

Her last paycheck straddled the last week in May and the first week of June, so I was figuring we'd count half of it for June income earnings purposes.

I'm a bit confused as to whether the 6 month look back is supposed to include the 6 months prior to the filing date month, or 6 months from the filing date itself.

IE if I file on Dec 1, it includes Dec 1 and goes 6 months back.
IE if I file on Dec 6, it includes Dec 6 and goes back to June 6.

Or if you file anytime in December, you include the entirety of June-Nov.
NOLO seems to support the latter, but I wasn't sure, because my atty was acting like filing mid to late December was best for some reason.

However, I am anticipating a one-time bonus in December which would feasibly (?) throw a wrench into things, so I was hoping I could file in a way where I can just mention the bonus in the "anticipated increase in income" section on schedule I instead of having it push me above median (even though it would be just marginally above).

From what I can tell we'd pass the means test anyway, but it seems as if being below median tends to simplify things.

Thoughts?

[Pandora]

I believe it is six full calendar months back to the first day of the month....and your bonus would count if filing after receipt of it. However knowing that you are going to be receiving it, if you file beforehand - you should exempt it if it is a lump sum type of bonus.


ETA: This should help explain it better than I can http://books.google.com/books?id=1sh...page&q&f=false

[dumpinmydebt]

Well, for our 6 months, we did 6 months of paystubs. I'm not looking at exact date. My husband is paid bi-weekly, so 26 paychecks total per year. I'm taking the most recent 13 paystubs, and using those numbers for the schedules.

To me, that was the easiest, and I believe the most accurate way, of figuring out the 6 month income.

[drowning123]

In your case, James, it would be June through November, and whatever paychecks you receive in December right before filing. I filed on August 20, so I provided February through July and My 8/14 paycheck. I get paid twice a month. I hope this helps.

[James24255]

In my case, I receive 2 payments per month. June - Nov I would have 12 stubs to produce, which is my full six months of income.

However, you're saying I would also include my December payment too in the calculation?

[drowning123]

From my experience, if you file before you get paid in December, you should be OK with just June through November.

[James24255]

Yeah, I'm so confused. I do get a paycheck on 12/1, but I was thinking if I file last day of November, then I include May-Oct instead of June-Nov.

Of course from what I can tell the median value will probably get changed in November, so who knows what will happen!

[melissah34]

We filed June 23rd so December - May was what was used in the means test. However, the trustee asked at the 341 for paystubs, bank statements and such all the way up to June 23rd. So, June wasn't included in the means test but was taked under consideration by the trustee. Also, they can ask questions at the 341 about changes up until the 341. Not sure if you would need to tell them about the one time bonus. We were under the presumed abuse because we were unempoloyed but over median and the UST asked for paystubs from his new job after the 341.

[tobee43]

From my experience, if you file before you get paid in December, you should be OK with just June through November.

yes, i agree....you should be fine....

[ccsjoe]

We filed 8/27. Means included 2/10 through 7/10. We provided August's paystubs to our attorney in response to standard trustee questionnaire for our district.