Phoenix, AZ asked in Bankruptcy for Arizona

Q: Im filing chapter 7 on Dec. No asset case & I pass the means test under $64k annual gross. However i must use up…

… my Allstate safe driving merchandise rewards program points must be spent before they expire Nov 1, to redeem close to $8500 in merchandise such as luggage, sunglasses, cutlery, & store gift cards alone worth close to $5k (Macy’s, Bloomingdale’s, Nike,etc). Will this ‘windfall’ of free merchandise received be required to be listed in my previous 6 month income? Because if so I will not pass the ‘means test’. I can’t file before Dec. because my income totals will be too high to pass ‘means test.’ I want to file in Dec because I am currently 3 mos delinquent on unsecured loans & wish to file before lawsuits come after me…but the merchandise points are ‘use or lose!’ thank you

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1 Lawyer Answer

A: Yes. You will have to list all property owned by you, but you may be able to use your exemptions to protect it all as well as distribute over the means test.

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