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Getting anxious.

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    Getting anxious.

    so i have figured that i would have more time to get this all together, but my wife just got a rather large bonus for work. so i have to submit by the end of april in order to keep the bonus off of the 6 month avg for the means test.

    my question is would it be best to file for "emergency" pettition now and that would allow me ttime to get the rest of the papers put together, or should i send it all in on the 30th.
    it states "from the last day of the month PRIOR to filing"
    is that just putting in the petition, or will i be required to include april in my filing as the 15 days will put me into may?

    #2
    It's from the date you file your petition. If your wife received a bonus, it is still property of the estate, unless you exempted it somehow.
    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.

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      #3
      Originally posted by justbroke View Post
      It's from the date you file your petition. If your wife received a bonus, it is still property of the estate, unless you exempted it somehow.
      well, the bonus was spent on utilities, and other necessities, we have included our payments to unsecured creditors, in our schedules. as for the decision to file, i am about 2/3 of the way through with all the paper work. i will need to rewrite some of the pages, but i am seriously thinking of turning in an "emergency petition" tomorrow and using an extra couple of days to file the remainder. i am not worried about he 15 days, as i will be able to take the weekend to button everything up, and quadruple check everything. we just HAVE TO file by the 30th, if my wifes bonus is figured into the means test it will screw us on the means test. she gets one bonus a year, normally, due to the flow of business at her restaurant, and if hat bonus is calculated into our 6 month average it completely changes our means test.

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