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Chapter 7 Schedule I-Income. Do they calculate overtime hours at the time of filing a set income?

San Diego, CA |

We filed Chapter 7 pro se last month and my husband's income is higher due to overtime hours. His income was $910 higher than his base pay. Even with this increase, our combined income is 15k under the median.
Due to this temporary increase in income, our DMI is positive $70.
And a questionable expense of monthly out of pocket tuition fees $600 per month for my husband's private school.
We can provide receipts and documentation for my husband's tuition fees but we're not sure if it's an allowable expense. If this expense isn't allowed, then our DMI would be positive $450 if you account his overtime hours. If not, then we would be negative. We're just wondering if overtime hours are considered a set income to determine our eligibility.

Attorney Answers 3


Overtime is considered income, however, the applicable time period to consider your household income for purposes of the means test is the 6 month period prior to filing your case.

It is unclear from your question, but I think you are saying his income increased post-petition. If that is the case, this post-petition increase in income will not effect the means test result.

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When calculating income on Schedule I, I view it as forward looking. Is the recently earned overtime expected to continue in the foreseeable future? You Schedule I income does not have to match your means test income. If the OT was a one-time event, I would not include it. If OT is a regular or future expected part of your income, then I would include it. Good luck.

This information is not, nor is it intended to be, legal advice. This does not constitute the formation of an attorney-client relationship. You should consult an attorney for individual advice regarding the specifics of your situation. JC Law Group is a debt relief agency. We help people find relief by filing bankruptcy in California under the Bankruptcy Code.

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Being below the means test, which is based on the total income for the prior six months, is only part of the story. If there is excess income between Schedule I & J, a trustee could fight the case as an abuse of Chapter 7. However, if the overtime was an aberration and is unlikely to continue, explain that to the trustee. The U.S. Supreme Court decision in Lanning may allow you to ignore. Schedule I is forward looking.

I hope this helps.

[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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