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Would this raise a red flag???

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    Would this raise a red flag???

    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?

    #2
    No law says you must use UE benefits but, you have necessary living expenses that have to be met. I'd not give up that source of income if, I had to live on Ramen noodles or would have trouble paying the utility bill.
    Any reason for the rush to file?

    Comment


      #3
      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


        #4
        Originally posted by justbroke View Post
        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.
        Thanks JustBroke, you've helped me out a lot! I've heard conflicting answers regarding UE and whether it counts or not, but maybe that's because of the difference in districts.

        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


          #5
          just to update, i emailed the atty we will be having our 1st consult with and they said that it DOES count as income bummer

          Comment


            #6
            Originally posted by endisnear View Post
            just to update, i emailed the atty we will be having our 1st consult with and they said that it DOES count as income bummer
            Don'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.
            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


              #7
              Originally posted by justbroke View Post
              Don'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.
              Seriously! I think everything should just be the same! But then again, who am I to say...LOL.. Thanks! Good luck to you as well!

              Comment

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