Surplus income payments if income is irregular?
With irregular income, is each month looked at individually to determine surplus income payments, or is it based only on the 7-month average?
I started my bankruptcy with NO income, then in months 6 and 7, I will have both Increased AND Irregular income.
If I make $0 for the first 5 months and $3,062 in each of months 6 and 7, then:
a) Will I be deemed to have $1,000 surplus income in each of months 6 and 7?
b) Will I, therefore, have to pay 50% of that $1,000 to the trustee for each of those 2 months?
c) Will I be deemed as having, during my 7 months, a total of $2,000 surplus income, thus putting me over the $200 per month allowable surplus income, and thus causing my bankruptcy to be extended by 12 months.
Or will I instead be deemed to have $0 surplus income. (2 monthx x $3,062 = $6,124 total income over 7 months = less than $1,000 per month = less than the allowable income threshold of $2,062 per month)?
I have read about this for many, many hours, but have found a lot of the examples available to use confusing language that leaves the door open to both interpretations, so I would really appreciate it if you were able to help clarify it for me.
You will have to pay the greater of $1,800.00 or the surplus income payments calculation.
Since the surplus income requirement is NIL you will have to pay $1,800.00.
For an example of how the calculation is made please refer to Appendix B, Example 1, at the following link: