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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Do I need to wait another month I am filing Chapter 7 personally

Resolved Question:

Do I need to wait another month?

I am filing Chapter 7 personally and not my wife. I understand
that the means test looks at 6 months timeframe for both of us.
My wife stopped working and received last paycheck for paid period
Jan. 25-Feb7 with check date of feb 11. The check is only for $384.50
Can I go back 1 month to not include the 384.50. It will then allow me
to qualify if the requirements are based on beginning and end of month.

Since she no longer works can I exclude it all together and just use my
income from Jan. 1?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

WebLaw :


So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

WebLaw :

You need to include all income of both your wife and yourself for the six-month period

WebLaw :

This is true regardless of the fact that she is no longer working. Therefore you will want to consider waiting the additional month to file

Ellen and other Bankruptcy Law Specialists are ready to help you

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