Making too much in chapter 7 in near future but not over past 6 months - Wisconsin
Live and work in Wisconsin. I am a full time employee who suffers from chronic migraine. I have on average made just over the median household income in Wisconsin most years over my last 9 year career. The last 6 months I have called in a lot. Over 6 days a month and am out of sick leave and vacation usually by July. I am forced to use leave without pay and this reduces my take home pay.
My friend who has guided me a little through this all including trying to get me in to see a bankruptcy attorney has said I will not be able to file bankruptcy because my income of the past 6 months will not go by gross wages (only $38k for last 6 months in gross wages) but instead go based off my hourly wage X 1,040 hours (1,040 hours is from 6 months of 40 hours a week which is all I get at work).
I do not know how my friend is right. It would seem like common sense bankruptcy would be based off the last 6 months of actual wages. I am missing work because of my migraines. I also have accumulated most of my debt (credit card debt) due to needing to put expenses on credit cards because of missing so much work due to migraines.
There is no way a bankruptcy court would ever calculate wages based on your hourly wage... Or would they?
If I did not use so much sick leave and worked like most people at work I would make $85k a year. Which would put me over the "median" income in Wisconsin for 2024 of approx. $75k a year. I am single, no kids.
I also am curious of how the calculations will work for bankruptcy looking at the next few years of income in my situation (if I recall I remember seeing something about courts not just looking at past earnings but also an estimate of future earnings).
Last question for this sub: I used to work in a field that if people knew my address I would not feel safe. I looked up a friend who went through bankruptcy and can using our state records search see their full name, address, date of birth, etc. How do I get it so when you enter my name no records come up and they stay sealed to the public?