Legal Question in Bankruptcy in Florida

My last paycheck February 7, 2010 after April 7, 2010 my average 'current monthly income' (6-month income rule) drops below the 'average median income' for my state. Can I file in April after the 7th, or do I have to wait until May.

Thanks

Steve Chapman


Asked on 3/07/10, 3:37 am

1 Answer from Attorneys

Robert Wilcox Wilcox Law Firm

No one can tell you the answer, or should give an opinion, without reviewing the numbers in detail. Your attorney should do that.

It looks like you are thinking that the calculation is on the days of the month starting on the exact date you get your last check. It's not.

You average the six CALENDAR months.

Another important rule is that the month in which you file does not count as one of the six months to be averaged. If you file in April, the relevant six months are October- March. If you file in May, the relevant months are November-April.

FYI, even if you are technically over the median, an experienced attorney may be able to get you qualified if your income is dropping.

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Answered on 3/12/10, 7:24 am


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