Current Monthly Income, Bankruptcy and You

August 13th, 2009 by Reed Allmand

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All debtors who are considering bankruptcy must calculate their current monthly income beforehand which will help the bankruptcy court determine whether a debtor qualifies for Chapter 7 bankruptcy or if they need to take the means test to determine their ability to repay their debts. Current monthly income is a term that is deceptive because it does not necessarily reflect the income a debtor is earning at the time of his/her bankruptcy filing. Current monthly income is the average income earned/received by the debtor (on a monthly basis) in the six months PRIOR to filing bankruptcy. For example, even if a debtor lost his/her job a month before filing bankruptcy, his/her current monthly income figures would not accurately reflect that change.

It’s important to note that current monthly income includes all income a debtor received in the prior 6 months before filing bankruptcy whether or not the debtor needs to pay taxes on that money. Current monthly income does not include social security income. All income claims must be supported by a pay stub or some other proof of income in the case of self-employed debtors filing bankruptcy.

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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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