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During Bankruptcy
Welcome to the During Bankruptcy category of the Support Group. You just filed for bankruptcy, what happens now? This is the place for discussions about During Bankruptcy.
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Discussion: confused about surplus income (Read 1632 times)
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confused about surplus income
« on: April 12, 2010, 10:01:09 AM »
winnie123
Newbie
Posts: 2
My husband and I went bankrupt last December. We had our own business and continued being self employed. My husband has now got a job. I was doing some research and the allowance for a family of 3 is 2862. So does this mean that our total monthly income has to be less than 2862 in order to only have a 9 month bankrupcy? Our rent, food, utilities, gas etc is more than that. So how can I have surplus income when all my income is going towards living expenses. Then I will also be expected to pay surplus income payments to my truste on top of that. So essencially I will be going in the hole paying for my surplus income payment to the trustee. How can this be? Or am I misunderstanding how surplus insome works. Any help on answering this would be greating appreciated
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Re: confused about surplus income
« Reply #1 on: April 14, 2010, 08:49:15 AM »
Trustee
Newbie
Posts: 37
The calculation of monthly surplus income is based on a formula set by the Government of Canada. It takes the total of the take home income of the family unit, and only allows for certain deductions, such as child support, alimony, medical expenses not covered by a health plan to come down to what is available. You then deduct the standard for the size of the family unit. You also have to take into account the percentage contribution of the bankrupt to the total family unit income. You then take half of the result and that is the monthly surplus income amount. Any monthly surplus income under $200 is not considered.
Trustee
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Last Edit: April 16, 2010, 02:44:11 PM by admin
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Re: confused about surplus income
« Reply #2 on: January 28, 2011, 08:48:42 PM »
mermaid
Newbie
Posts: 8
I am confused about this too
If I made $1200 a month self-employed income, do I pay 50% of that to the trustee every month?
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Re: confused about surplus income
« Reply #3 on: January 29, 2011, 09:24:19 AM »
winnie123
Newbie
Posts: 2
Dear Mermaid,
This was a confusing subject for me. But I am now done with my bankruptcy. If you are a family of 1 your max income amount is 1884. You can google bankruptcy income standards for more info on allowable amounts.
So if you are only making 1200 total for monthly income than you will not have to pay anything to the trustee other than the monthly fee that they charge you . If you make more than 1884 (total of all your incomes) Then you pay 50% of that amount if it is over $200. So for example if you make $2060 you will not have to pay surplus income but if you make 2100 then 2100-1884 = 216 so you only pay 50% of the $216. Please note that if you have surplus income of over 200 it will extend your bankruptcy to 21 months instead of 9 months (if this is your 1st bankruptcy).
Hope this helps
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Re: confused about surplus income
« Reply #4 on: January 29, 2011, 06:25:51 PM »
broke
Newbie
Posts: 1
What happens if I cannot/do not make my monthly trustee payments?
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Re: confused about surplus income
« Reply #5 on: January 30, 2011, 03:34:51 PM »
mermaid
Newbie
Posts: 8
Thanks Winnie123
I'm so dumb i can't understand anything
but you explained it really good.
The amount I can earn, is that gross or net? I have to ask since I'm self-employed. Also, what approx, is the monthly trustee amount that I pay (just approx. if u know).
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Re: confused about surplus income
« Reply #6 on: January 30, 2011, 03:38:21 PM »
mermaid
Newbie
Posts: 8
Quote from: broke on January 29, 2011, 06:25:51 PM
What happens if I cannot/do not make my monthly trustee payments?
I would like to know that also
does the bankruptcy just continue forever until the trustee is fully paid?
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Re: confused about surplus income
« Reply #7 on: February 12, 2011, 04:56:46 PM »
JEC
Full Member
Posts: 172
I have not filed a bankruptcy, but from my reading about it.....one will not be discharged from your bankruptcy until all conditions are met.......and I'm sure that paying the trustee all that he/she is owed, is a condition.
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Re: confused about surplus income
« Reply #8 on: March 03, 2011, 06:21:44 PM »
raknrollem
Newbie
Posts: 10
If you have surplus income only one month during your bk, does this automatically extend it to 21 months, or only 2 months out of the nine, how does this work, we are a family of 4 on one income. Thanks
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