ExpertLaw.com Forums

When Does the Six Month Period for the Chapter 7 Means Test Begin

Printable View

  • 09-01-2014, 03:58 PM
    vannirae
    When Does the Six Month Period for the Chapter 7 Means Test Begin
    My question involves bankruptcy in the state of: WV

    In my state it takes a month to get a court date when filing chapter 7. If I go back 6 months I don't pass means test because I made too much money in March. Starting in April my income decreased and will not have a problem passing means test at my current income. My income has been the same for the last 5 months and will continue the same for the foreseeable future. If I file now, beginning of Sept, and do not get a court date until beginning of Oct, can I use Sept as my sixth month? Or do I have to wait till beginning of Oct to file?
  • 09-01-2014, 04:28 PM
    adjusterjack
    Re: Which Six Months Count when Calculating Means Test
    This is quoted from the means test form B22A:

    "All figures must reflect average monthly income received from all sources, derived during
    the six calendar months prior to filing the bankruptcy case, ending on the last day of the
    month before the filing."


    http://www.uscourts.gov/uscourts/Rul...rent/B_22A.pdf

    If you file in Sept you cannot include Sept. You'll have to wait and file in Oct to be able to include Sept in the 6 months.

    If you haven't actually completed the means test I suggest that you do it now as it's rather time consuming. It's not just average income that's involved, it's average expenses and you've really got to do all the figuring to make sure.

    Another advantage to getting started is that revising it to move up a month gets easier if you have all the figures already available and you don't have to start from scratch.
  • 09-01-2014, 04:35 PM
    vannirae
    Re: Which Six Months Count when Calculating Means Test
    Thanks for the reply.
All times are GMT -7. The time now is 03:27 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved