Greetings,
I plan to file pro se this week. I have a question about how to list my income. I am right under the median if I file this month (based on income from May 1 2010 to Oct 31 2010). However, I am expecting a check of about $2900 between filing and my 341 meeting from my previous employer for unused vacation hours. If I include that into income earned for the last six months I’m over the median and can’t file chapter 7. BUT, I read somewhere that it depends on when you earned the money not when you get paid for it. In this case I earned 57 hours of vacation during the last 6 months (valued at $1292). The rest of the value of the $2900 payout would be for vacation earned prior to May 1, so it should not count as earnings for the last 6 months, right? I’m thinking not. It may still put me over the median to add even the $1292 portion of my expected payout to my 6 months gross
BUT I ALSO have been paid for vacation hours I used during the last six months that should ALSO be considered to be earned prior to May 1. On May 1, I had unused vacation that I used and have been paid for during last 6 months; probably $2000 worth, if the concept I am imagining holds true, I shouldn't have to include that annual leave (vacation) either, right? I'm thinking not. If I can somehow not include the value of these payouts because I earned them prior to 6 months ago I will be under the median. In a nutshell, I earned 6 hours of vacation every two weeks for the last few years I worked there (I no longer do work there) and some of pay I received during the last 6 months and some of the pay I am expecting are for vacation hours I accrued prior to 6 months ago. If I am forced to include it, it would seem like I would be getting double hit by it.
So, can I somehow exclude part of my gross earnings if they were paid out for vacation I earned prior than 6 months earlier and part of my expected payout as earnings for the last 6 months for the same reason?
If I can, How do I list it?
I saw a court finding in New York where someone did something like that but I didn’t understand well enough.
Almost ready, want to file this week.
Thanks
I plan to file pro se this week. I have a question about how to list my income. I am right under the median if I file this month (based on income from May 1 2010 to Oct 31 2010). However, I am expecting a check of about $2900 between filing and my 341 meeting from my previous employer for unused vacation hours. If I include that into income earned for the last six months I’m over the median and can’t file chapter 7. BUT, I read somewhere that it depends on when you earned the money not when you get paid for it. In this case I earned 57 hours of vacation during the last 6 months (valued at $1292). The rest of the value of the $2900 payout would be for vacation earned prior to May 1, so it should not count as earnings for the last 6 months, right? I’m thinking not. It may still put me over the median to add even the $1292 portion of my expected payout to my 6 months gross
BUT I ALSO have been paid for vacation hours I used during the last six months that should ALSO be considered to be earned prior to May 1. On May 1, I had unused vacation that I used and have been paid for during last 6 months; probably $2000 worth, if the concept I am imagining holds true, I shouldn't have to include that annual leave (vacation) either, right? I'm thinking not. If I can somehow not include the value of these payouts because I earned them prior to 6 months ago I will be under the median. In a nutshell, I earned 6 hours of vacation every two weeks for the last few years I worked there (I no longer do work there) and some of pay I received during the last 6 months and some of the pay I am expecting are for vacation hours I accrued prior to 6 months ago. If I am forced to include it, it would seem like I would be getting double hit by it.
So, can I somehow exclude part of my gross earnings if they were paid out for vacation I earned prior than 6 months earlier and part of my expected payout as earnings for the last 6 months for the same reason?
If I can, How do I list it?
I saw a court finding in New York where someone did something like that but I didn’t understand well enough.
Almost ready, want to file this week.
Thanks
Comment