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Determining income for 6 month period? Income decreasing and hours cut?

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    #1

    Determining income for 6 month period? Income decreasing and hours cut?

    I'm a prn (as needed) employee. I work 12 hour shifts. The last 6 months show a decent income of almost 15K. However, this is when the facility was understaffed and more help was needed. I was usually working 24 hrs per week during the early months of that 6 month period. Now, however, more full time staff has been hired and I'm going to be lucky to get 2-3 shift per month if that. In determining my income if they look back over the last 6 months it will look falsely high going forward. Is there any way I can show or prove that my hours have been cut and I won't be making the $ in the future that I have in the past?

    Thanks!
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    #2
    Can you wait six months to file? If you can, that higher income will have dropped off the six month look-back period. We had to do that because get a yearly stipend from a retirement instrument in January. Because of the look-back, and the averaging of the income--even though retirement income, the earliest we could file would have been the latter part of July, or the first of August.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      Sadly, probably not. I think we will probably be sued before then. Thanks!

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        #4
        I'd wait Just because you get sued, doesn't really mean anything until they actually win and get a judgment. At that point, they still have to go through a process to to actually garnish wages.
        Don't panic. Time the bk so you'll benefit to the max.

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          #5
          If you get sued, answer the summons; don't just ignore it and say to yourself it doesn't matter, they'll win anyway. That is the surest way to get a default judgment. That will happen in the space of a month, and then as keepmine said, the creditor has a number of procedures to follow to start garnishment or any of that. However, if you answer the summons, and do it right, you can stretch this out for at least three months probably. Meanwhile get your BK ducks in a row.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment

            #6
            How long can I not pay the CC's and our mortgage before we face danger of lawsuit/summons? I know it varies but just in general?

            Comment

              #7
              None of us can speak for your creditors.
              I filed about 5 months after I defaulted on my cards and never came close to being sued.
              Are you in default now?

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                #8
                We were being sued, but not by the CC companies. We were sued by American General over a personal loan, and by a mortgage company that 'Hub had foolishly co-signed a car note for an acquaintance. We made the acquaintance turn the car in, and we were sued for the difference between the loan value, and the amount the car sold at auction.

                But there was nary a peep from the credit cards. There were only two.
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment

                  #9
                  I guess our mortgage co is the only issue. They are threatening to turn our account over to their attorneys soon. We aren't in default over cc's yet.

                  Comment

                    #10
                    A mortgage being turned over to lawyers just means they're starting the foreclosure process. Depending on state law, that can be long and convoluted.
                    I'd strongly suggest you stop paying those cc's now since you intend to file bk.That's just money down a rathole.

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                      #11
                      Plus you can save that money for your attorney, should you decide to hire one, or build an emergency fund.
                      "To go bravely forward is to invite a miracle."

                      "Worry is the darkroom where negatives are formed."

                      Comment

                        #12
                        We have stopped paying but only a month ago. So I should have specified that. so if we start saving we can use the wild card for our savings account? Thanks! I know I keep saying it but you guys are great!

                        Comment

                          #13
                          Originally posted by mslaw View Post
                          I'm a prn (as needed) employee. I work 12 hour shifts. The last 6 months show a decent income of almost 15K. However, this is when the facility was understaffed and more help was needed. I was usually working 24 hrs per week during the early months of that 6 month period. Now, however, more full time staff has been hired and I'm going to be lucky to get 2-3 shift per month if that. In determining my income if they look back over the last 6 months it will look falsely high going forward. Is there any way I can show or prove that my hours have been cut and I won't be making the $ in the future that I have in the past?

                          Thanks!
                          Are you filing as a single person or with a spouse? If as a single person and that's all the income you make then I would think you'd qualify for a Ch. 7. I'm not sure of the amount you need to fall under to qualify in Kentucky, but sounds like you might be under it already. Have you looked it up online or asked an attorney? Otherwise you probably would have to wait.

                          Comment

                            #14
                            Originally posted by ksgirl38 View Post
                            Are you filing as a single person or with a spouse? If as a single person and that's all the income you make then I would think you'd qualify for a Ch. 7. I'm not sure of the amount you need to fall under to qualify in Kentucky, but sounds like you might be under it already. Have you looked it up online or asked an attorney? Otherwise you probably would have to wait.
                            We are filing together. The mortgage is in both our names and we both gave cc debt. My dh is the primary breadwinner.

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