Do you literally have to have every single paycheck stub for 6 months? Am I the only one that doesn't keep these things? I've got the last few months (since we decided we needed to do the BK) but not older stubs. I'm guessing we could go to HR to obtain the older stubs???? But do we really need every single one of them?
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No, you don't. The Court only requires the last 60 days of paystubs and that is absolutely mandatory! You can't be missing a single paystub, or your case will be file, as harsh as that may seem. That's even if you're on salary and receive the same exact amount every payday.
The reason why your attorney is asking for 6 months, is so that s/he can accurately calculate your "current monthly income" which requires an averaging of all income received in the 6 months preceding your filing.
If you need a payroll statement for the prior 6 months for your attorney to perform the calculations, just ask your HR representative for a full payroll statement covering all pay periods in the prior 7 months, broken down by pay period... down to the deductions.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt. -
Awesome. I have the last 3 months, so 60 days (esp by the time we file) won't be an issue. I'm thinking we will qualify for a 7 one month sooner than we originally thought (I'm unemployed, so we figured 6 months after my termination...but I think we'll qualify at 5 months).Comment
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