For a Illinois Chapter 7 means test. Is the income considered after taxes?
Chicago, IL
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Posted 2 months ago in Bankruptcy / Chapter 7
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I see that for a family of 4 that the annual income allowed for Chapter 7 in IL is about 80K. Is that after taxes?
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Answers (2)E. Brian Davis
This attorney is licensed in Indiana and 2 other states.
Posted 2 months ago.
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No. It is gross income (before taxes).
Henry Repay
This attorney is licensed in Illinois.
Posted 2 months ago.
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The means test is based on gross income. You should be aware that: (1) the published figures are revised on a regular basis, so it will be important to make certain you are using the right figures at the time of filing; and (2) the calculation is based on income over the six months before filing, so, for example, if you file in September, you would need to document your income for March through August and annualize that amount.
Next, please note that the bankruptcy laws are extremely complicated and you are held to the same standards in filing your own case as someone filing using an attorney. Many attorneys have stopped doing bankruptcy work unless they are able to devote substantial attention to the practice. I would not expect that everything would be properly considered without an attorney being involved. In filing on your own, the risk of complications or debts that are not discharged is significant. The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for February through the present, including wages and unemployment during that period; (2) all your bills (several months' copies neatly assembled); (3) last four years' tax returns; (4) a credit report (www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Set up an appointment at your earliest convenience to afford the most opportunity in which to be advised about your best course. |