Legal Question in Bankruptcy in California

I want to file Chapter 7 bankruptcy. However, in going through the computations on Form B22A, the means test form, it says that the presumption of abuse arises against me because I used the average of the last 6 months of my earnings. That's because I had a lot of overtime last year. My regular gross salary is $4,300 per month but the average in the last 6 months comes out to $5,400 per month. The thing is, the overtime was purely voluntary last year, I have a letter from my supervisor that says that. Also, due to business conditions, this year there will not be any overtime in my company. So I anticipate going back to my regular salary for this whole year. If I do the means test using my regular salary of $4,300 then the presumption doesn�t arise because I don�t have anything left over. What should I do in this situation? Should I just file Form B22A using my regular salary with a note of explanation to the trustee? Or should I file it using the average of the past 6 months and then explain to the trustee that I won�t be making that kind of money anymore?
Thank you.

Asked on 3/15/10, 11:19 pm

Robert F. Cohen Law Office of Robert F. Cohen

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You might want to wait to file until you can pass the means test.

Answered on 3/20/10, 11:54 pm

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