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Means test income question

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    Means test income question

    I've taken a closer look at the means test. I'd previously over looked that they are interested in the calendar month for income purposes. If I get a paycheck on the 5th of April for hours worked in March, is that considered March income? The pay period runs the 16th till the end of March.

    Or is it based just on when I receive the checks? My pay varies considerably between checks so it makes a difference for me when I count it.

    #2
    The income for the means test is the six full months prior to your filing date.

    For example, if you file any day in April 2010 your six full months runs Oct 1, 2009 thru Mar 31, 2010.

    This is part of the reason why people time their BK, so the income is most favorable to you at the time of filing. If you have an uneven income, like commission income, it is even more important to time your BK accordingly.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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      #3
      I understand that, but is it based on the checks I recieved during that time period (ie. I received a check in Oct. for work done in Sept.), or based on the work I performed during that time and then paid outside the 6mo time period. ( Last check rec. beginning of April)

      I'm concerned because my oct.1-mar31st. is nearly $2300 higher than my Nov.1 - Apr30th will be. I'm just trying to get the timing right with out pushing this past the beginning part of May.

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        #4
        For the means test or median income calcs I believe it would be the date of the check that determines where it falls, regardless of when the work was performed. Think of it as work performed in the last week of December but your paycheck was issued in the first week of January. You will be taxed in the next year. I think you're good to go if the check is dated in the following month. Holding on to a check that was issued in the prior month and not depositing it would be different.

        I'm in the same boat. April is a 3 paycheck month by one day for us so for a median income test it pushes us out another whole month. For one lousy day.

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          #5
          Thanks, I guess I'll be calling the attorneys office on Monday. We're an over the median CH7 case so I'm really concerned about it all. I'd like to get filed and be done with it, but waiting a month more takes the income down by $200-300 a month.

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