If DH were to just not take anymore of his unemployment benefits (I think he's got about 12-14 weeks left or so) in order to put us below the median and file C7, would this raise a flag with the trustee?
top Ad Widget
Collapse
Announcement
Collapse
No announcement yet.
Would this raise a red flag???
Collapse
X
-
I've had a long day and have been up since 3AM (EST). Anyhow, I didn't think that unemployment compensation is in the "income" definition in the Means Test.
However, this does vary by District as to whether unemployment compensation is part of the current monthly income (CMI) calculation on the Means Test.
I say it isn't CMI. The reason I say this is because my research showed that unemployment compensation is paid as a benefit of Social Security, and Social Security Benefits are not included in the CMI income calculation.
Good luck!Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
Comment
-
Originally posted by justbroke View PostAnyhow, I didn't think that unemployment compensation is in the "income" definition in the Means Test.
However, this does vary by District as to whether unemployment compensation is part of the current monthly income (CMI) calculation on the Means Test.
If it doesn't count, then we're totally good to go being under median for C7! Is there anywhere online i can find out about the district regulations? We're in southern CA, I think it's the Riverside court.
Comment
-
Originally posted by endisnear View Postjust to update, i emailed the atty we will be having our 1st consult with and they said that it DOES count as income bummer
Sorry to hear that. I hope that everything works out for you.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
Comment
-
Originally posted by justbroke View PostDon't you just love the consistency in the Bankruptcy Code and how different Districts interpret it?
Sorry to hear that. I hope that everything works out for you.
Comment
bottom Ad Widget
Collapse
Comment