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hypothetical situation, opinions needed

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    hypothetical situation, opinions needed

    Ok, so we've just started looking into BK. Have not seen an atty yet. Past 6 mos is over median (DH's u/e benefits and a temp job and my annual bonus pushed us). However i belive we will pass using the means test with just my income as DH is still u/e'd and his benefits run out this month. So my question is....

    1. If we went chap 7 and are discharged adn closed in the spring, and i get my annual bonus in Aug, there is no way that they can come back after it, right? (It is based off the company's profits, several thousand dollars)

    2. If end up HAVING to do chap 13, which i really don't want, can we just pay that lump sum to the trustee as a balance reduction? Or are we allowed to pay back some relatives with it that we owe money too, and then just wait for them to up the payments after they see our tax returns?

    Thanks to all, everyone has been so nice and I've really learned a lot in the past week. Makes this embarrassing time easier to deal with

    #2
    Will a future earned bonus in August affect a Ch 7 filed in January and discharged/closed in April?

    In my experience so far, one of the standard questions asked by attorney's and trustees at 341's is "do you expect to be the beneficiary of an inheritance, or property settlement due to a divorce in the next 180 days?"

    I reread the questions in the Question Trustees Ask thread and I don't see where you are asked about future earned income. None of the attorney's I have seen indicated that either.

    Regardless though, my gut says if your August 2008 bonus was included in your means test for purposes of filing a Ch7 in December 08/January 09, you should be fine. If you filed in Feb/March 09 and excluded the bonus in your means test, you MAY have a problem, although I'm just guessing here.

    I don't know how it would work for a 13.

    I didn't think post-discharge CH7 tax returns were required to be sent to the trustee, I never thought of that. Anyone else know?

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      #3
      hmmm, guess i'll put that on my list for meeyings with atty's then. its just hard because i don't kjnow how much it'd be, or even if we'd for sure get one since it's based on the company's profits. i work for an electrical contractor in CA and business seems to have hit a wall!

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