Kinda stressed so need help. Let's say i'm filing bankruptcy in two days May 29th, on the means test i would use my income from November 2012 to April 2013?
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Depends on your district, but most will look at 6 months (180 days) from your date of filing, pretty much to the exact day. Some round up to the current month. Are you filing pro se, and/or have you consulted with an attorney? First visits (which would specifically answer your question) are usually free.
Another point of order... unless you are trying to limbo under the Means Test, you could use the last six months preceding your filing month, as you outlined above. -
11 USC 101(10A) defines the 6 month window as “the 6-month period ending on - (i) the last day of the calendar month immediately preceding the date of the commencement of the case. . . or (ii) the date on which current income is determined by the court for purposes of this title if the debtor does not file the schedule of current monthly income (as required)”.
As a result, 99.99999% of debtors will fall under (i) and the six month window, as set up in your example, is November 1, 2012 through and including April 30, 2013.
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