As far as calculation of my income I was laid off 4 of the 6 months so do i add up my unemployment for the 4 of the six months then divide by 6 and for my wage just do the same I will be filling my petition this Friday I only have earn wages for the first week of May then the rest is unemployment since i'am filing Friday it will be oct so I only have 2 weeks of earned wage for Sept being that I was just call back last Monday
If you file on or before September 30th, the 6 months will include March 1 to August 31. If you file an October 1 through October 31, the 6 months will include April 1 to September 30th. You total the gross amount of unemployment before taxes paid to your within the 6 month periods and divide by 6. Do the same for any wages earned in the 6 month period. Each time, us your gross income.
If you are having trouble figuring out how to determine your means test income, then you are going to have trouble with a number of other issues. What gets most pro se filers in trouble are the issues that they are not aware exist and do not know to ask for help or to research to determine what to do. These are examples of why a U S Courts study from 2011 found that pro se chapter 7 cases are 8 times more likely to be dismissed than cases filed with attorney representation. Pro se chapter 13 debtors have a much lower success rate than chapter 7 pro se debtors.
You really need to take the time to meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases. Most bankruptcy attorneys will meet with you at no charge for the initial appointment. You can use the Avvo "Find a Lawyer" link at the top of this page to search for an attorney.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
You do not count the month in which you file. This is September, so you list income for August, July, June, May, April and March on the B22. You put your September Income on Schedule I. If you can't do this part of the Petition, I would suggest seeing an attorney. Make sure you get your Credit Counseling.
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In addition to what my esteemed colleagues have explained, the numbers that go onto the Means Test should not match the numbers you put as income on Schedule I. Schedule I should reflect only your current income, not your average income required on the Means Test. It will be the question you never considered that will bury you, and I would hate for you to learn the hard way that bankruptcy has some serious repercussions you probably have not considered apart from your income calculations. Hope this perspective helps!
I agree with Attorney Gambrell, I would calculate the unemployment and your wages separately for the six month period. Since you are filing in October, you will use April through September. Also, if you have any uncertainty, I would highly recommend consulting with an experienced bankruptcy attorney in your area.
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