Lots of overtime in past 6 months

[completelybroke]

Hello,

I have worked TONS of overtime in the last 6 months but when talking with my atty he said we'd pretty much just look at what my normal 40 hour a week income would be....

I am canceling ALL overtime for the next 3 months, however everything I read here says they'll look at income for the last 6 months... so....


Even at 40 hours a week my wife and I combined income is above the state median for auto qualify.......

Got me nervous here....do I now need to let 6 months pass with no ot?

[justbroke]

I have worked TONS of overtime in the last 6 months but when talking with my atty he said we'd pretty much just look at what my normal 40 hour a week income would be....

Not for the means test! That's why they look back six months.

I'll caveat that with, if you're filing a Chapter 13, true, your projected disposable monthly income can ignore the past overtime (if it's not reasonably expected in the future). However, when it comes to the Means Test and Statement of Current Monthly Income (Form B22A / Form B22C)... you have to look back six months and average.

I am canceling ALL overtime for the next 3 months, however everything I read here says they'll look at income for the last 6 months... so....

Even at 40 hours a week my wife and I combined income is above the state median for auto qualify.......

Got me nervous here....do I now need to let 6 months pass with no ot?

If you're trying to qualify for a Chapter 7, then yes, you may need to distance yourself from the overtime. You could, even above median, file a Chapter 7 and be allowed to proceed even under the presumptino of abuse. Only your lawyer can help you determine if it's worth the "fight".