Can surplus income prolong my bankruptcy discharge?

October 7th, 2015 by Questions

I have filed for bankruptcy and my normal salary does not create any surplus income. However, I am expecting a year-end bonus from my employer which will cause surplus income for just one month. Does that mean I can’t have my bankruptcy discharged in 9 months?

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One Response to “Can surplus income prolong my bankruptcy discharge?”


October 07, 2015 at 8:56 am, Desmond West-Chow, CIRP, Trustee said:

The surplus income calculation isn’t based on any one particular month, but rather it’s based on the averaged income over the initial period of your bankruptcy. As such, this bonus you mention would be used in calculating your average income and as such may still put you in a position of being in surplus and therefore not being eligible for automatic discharge at 9 months, but rather 21 months.

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