Job Offering in the middle of Chpt 7 filing??? HELP!

[dbleblanc]

OK... I am a SAHM with my 18 month old son. Well I just got a call from my old boss and he is offering me a management job at a pay that I can not turn down!!!!! OMG!

I did not plan on going back to work just yet but at the pay offered I can not afford to turn it down. It is TOO MUCH money!!!!!! OMG!!!! I can't believe this!

How or What can I do regarding this job and my BK filing. Will it be ok if I take this job after my 341 meeting which is in 2 weeks? OR do I have to wait until it is final which would not be until the end of October. What do I do?

[Princesskina]

Good luck but I would take it AFTER the 341 meeting..

[lrprn]

What a pickle! (But it's a good pickle! )

If you take this wonderful job before your 341, there is a chance that the trustee will ask during the meeting, "Have you had an increase in income since filing?" (Our trustee asked us this very question.) Or if you take the job after your 341 but before your Ch 7 is discharged, the trustee may instruct you during your 341 that he/she wants to know about any increase in income before discharge. If either happens, you will have to disclose your new job (it's definitely not a good idea to cover up something like this - it's fraud if you do). With the kind of increase in income you are describing, depending on how much disposable income the new job creates, it's possible you could end up being forced over to Ch 13. If you do end up converted to Ch 13, then you may not see any of that extra money for up to five years.

Is there any way that you can persuade your old boss to wait for you to start for a few more months? Do you feel comfortable sharing the truth about filing bk with him and why it would be best to start after your bk is discharged?

Did you file with a lawyer? Have you spoken with him/her about this? If you filed pro se, then I'd make a few appointments with bk lawyers in your area (most give free 1/2 to 1 hour consultations) and run this problem of yours past to see what advice you get from the experts.

Keep us posted on what you decide to do, and congratulations on your wonderful job offer!

[dbleblanc]

Well although I have not excepted the job offer as of yet. I did explain to him about the BK filing and that I would have to talk to my lawyer before I could give him an answer. It was after hours when the call came in so I am hoping to be able to talk to my lawyer tomorrow. But we did discuss the option of waiting a few months without knowing how my lawyer would advise at this time. He asked that I call him back after I spoke with my lawyer OR after I find out more information at my 341 meeting in two weeks. I am sure he would be willing to wait a few months but not much longer than that. I have a "pending" dischargeable date of Oct. 23, 2006. (a discharge issuance date is scheduled)

As for as that extra income being disposable... well lets just say it would ALL be disposable at $3,000 per month.

Oh... just wanted to add that there will be no action taken before my 341 meeting, I just don't know if I can except it after that time.

[anonymuse]

I'm interested in what another lawyer says. I brought this up with 3 lawyers and got 3 different responses.

One said outright that it was fine, they only care about your pre filing income (which is so untrue). Another said that technically you should tell, but no one does so it doesn't matter. And the third (the lawyer I chose) said don't take a new job until after your discharge.

I don't think anyone knows quite how to interpret by the letter of the law--its unclear. However, when I looked at myself and thought of the intent of the law, it is go convert anyone who has enough disposable income to a Chapter 13. So I just decided to put off the job search til post BK.

[SinkingFast]

There have been several articles published about this very thing. Sorta.

That's the basis for the whole "6 months of pay stubs" thing. It's not to capture a picture of your past, it's to give the Court a prediction of your future. The New Law supposedly takes into account future earnings expectations where Old Law did not.

So, technically, if you get asked at the 341, "Do you anticipate any increase in income?" and you have this job dangling in the breeze, you're supposed to say YES. That's the LETTER of the Law.

But, there's the SPIRIT of the Law side too. I think attnys better know the Courts, how the Judges and Trustees think, what's customary and expected locally. If your attny says it's OK for you to take the job after the 341 or after Discharge, then go for it.

[dbleblanc]

OK so here is what my lawyer had to say: "tell your old boss that you will be avaiable to work beginning Monday August 21", which will be AFTER the 341 meeting.

[Minnymouth]

I agree, after the 341 meeting.......

Your BK is based on your last 6 months of income, not what you could make in the the next 6 months.... (its unknown)....

The Trustee will remind you that if you have a windfall, inheritance, or win the lottery it must be reported to him..... most never ask about new jobs..... because -- 1. you haven't gotten it yet, 2. he has not got financial records to go by, 3. that is future income that your BK is not based on.

My attorney also suggested waiting till after 341 to accept any better employment....... that way no problems would crop up....