Would this work to reduce means test income?

[debee]

when establishing 6 months average income for means test, some posters here said they gave their lawyers checks from previous six months, others said they gave 13 checks without reference to date. sounded like everyone was getting paid every two weeks ...

does this vary with district? lawyer? or am i reading it wrong?

some months have two checks and some three and if it's possible to supply checks by date, could a person choose a filing date that comes at the end of a 6 month period in which every month was a two-paydays-only month and shave off some income in order to get in under the radar and pass the means test?

[debee]

I was just reading the Committee Notes that are listed under form 22A if you click the link at the US Trustee Program webpage for means testing and it says,

"CMI is the monthly average of certain income that the debtor (and in a joint case, the debtor's spouse) received in the six calendar months before the bankruptcy filing."

Not a lawyer (but I will ask mine once I get one), but I think "calendar months" means you don't have to provide 13 checks if you only got 12 in the previous 6 month period.

[wsy]

They also ask you for the last 2 tax returns. So if you are already trying to "squeak" by the means test to get into a 7 it may or may not work.
Does your paycheck stubs state what you have gotten paid YTD? Talk to your lawyer its not just the means test that warrants a 7 but all your debts and expenses are taken into consideration.

[ssmdem]

Actually, you won't have six consecutive months that won't have a 3-check month cause they happen twice a year - six months apart. Trust me I tried!

[tcreegan]

Hi debee,

The wisdom of the forum holds that for a squeaky means test, the oil is found in the expenses.....

Run with the extra 3rd week income and revisit your expenses for items you missed or undervalued.

Enjoy.....

Tom in Colo

[dumpinmydebt]

My husband receives 26 checks per year, and even when counting back 6 months to the calendar date, it's still 13 checks.