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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I filed Chapter 13 Pro Se. Just had the 341 meeting and the

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I filed Chapter 13 Pro Se. Just had the 341 meeting and the trustee questioned whether the prior six months net income amount is correct. I am going by my pay stubs and meticulously entering in a spreadsheet all of the net pay amounts for the previous six months to filing. Are health insurance and dental insurance deductions allowable deductions or do I need to add the health and dental back in to show my net pay? There are two to three days of income prior to my filing date that were paid to me on the pay period two weeks after filing. Do I need to extrapolate net pay for those days and add it to the prior six months net income?

Hi JACustomer,

1) Health insurance and dental insurance have to be included in one's net income, even if those amounts are deducted from one's gross pay by one's employer.

2) No - only the income actually received before the filing date gets included in the prior six months net income, not earned and unpaid income.

 

I think this is what you wanted to know. If not, please let me know.
Thank you.

Customer: replied 4 years ago.
I was laid off all of September 2011. I collected unemployment for the month of September. September is month 5 of the prior six months before filing. Do I need to show the net amount I received from unemployment benefits for September?
Unemployment compensation does not have to be included in one's six-months-before-filing income.
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