Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Getting a Job after 341 and before discharge

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Getting a Job after 341 and before discharge

    Anybody have any thoughts about getting a job (I've been a stay at home mom for 12 years) and how it could impact a smooth discharge? (ie: your income will obviously increase, means test, etc. We are pro se ch. 7. Would UST push for a move to 13?

  • #2
    Once your case is filed, you can pretty much do anything you want with employment. Generally, if you get the job AFTER the 341 Meeting of Creditors (the trustee meeting), then it won't matter.

    Comment


    • #3
      Yep, after the 341 Meeting is pretty much smooth sailing. No worries.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

      Comment


      • #4
        If you get a job after you file but before your 341 meeting, it will only impact your case if the pay is enough that you could easily pay your debts - i.e. 'changed circumstances'. i.e. if you were out of work for a year, filed bankruptcy, then got a job that pays $500k/yr the trustee would file for dismissal for 'changed circumstances'. Otherwise it doesn't really affect your case.
        Even after the 341 meeting, if you get a job that pays a large amount of money, the trustee could still file a motion to dismiss your case for changed circumstances, but it would have to be a high paying job.

        --William
        I am an attorney, but I am just not your attorney.
        As such, any statement is not intended to create an attorney/client relationship.

        Comment


        • #5
          Originally posted by BKDefender View Post
          If you get a job after you file but before your 341 meeting, it will only impact your case if the pay is enough that you could easily pay your debts - i.e. 'changed circumstances'. i.e. if you were out of work for a year, filed bankruptcy, then got a job that pays $500k/yr the trustee would file for dismissal for 'changed circumstances'. Otherwise it doesn't really affect your case.
          Even after the 341 meeting, if you get a job that pays a large amount of money, the trustee could still file a motion to dismiss your case for changed circumstances, but it would have to be a high paying job.

          --William
          I'm sorry to hijack the post but I was going to ask this same question.

          I'm a full time unemployed student whose wife is the sole source of income. She is pregnant and due in July. I just need a temporary job to cover expenses while she is out on maternity (which may start a month or two earlier than usual).

          The sudden increase in income (an extra 1000-2000 a month) would make it appear that we could easily pay our debts. The problem is that I'm staying home with the baby and finishing classes online as soon as she goes back to work.

          Would a trustee even believe me? Is it safer to just cross our fingers, hope for the best and wait until after the discharge? We filed Chap 7 last week by the way.

          Comment


          • #6
            Originally posted by spamdress View Post
            I'm sorry to hijack the post but I was going to ask this same question.

            I'm a full time unemployed student whose wife is the sole source of income. She is pregnant and due in July. I just need a temporary job to cover expenses while she is out on maternity (which may start a month or two earlier than usual).

            The sudden increase in income (an extra 1000-2000 a month) would make it appear that we could easily pay our debts. The problem is that I'm staying home with the baby and finishing classes online as soon as she goes back to work.

            Would a trustee even believe me? Is it safer to just cross our fingers, hope for the best and wait until after the discharge? We filed Chap 7 last week by the way.
            The forms asked you for the "Estimate of average or projected monthly income at time case filed". Since you're not employed yet, obviously a temp job couldn't be "projected". If you need a temporary job just to file in the gaps, would it really affect your total income when counting her loss of income?

            My best guess would be to take the means test again once you have a clearer picture of what your income is (when your 341 is looming). There could also be some additional expenses to consider, including scheduled doctor visits, etc. It's hard to say right off.
            Filed Joint, No Asset, > $100,000 Unsecured Ch.7 6/7/13 ~~ 341 Meeting 7/15/13 ~~ Discharged 9/16/13 !!

            Comment


            • #7
              spamdress: The trustee's concern is that if you are unemployed when filing BK, and become unemployed after filing BK, is that you were intentionally underemployed just so you can file BK. If it's a temp job and there are short-term reasons for your employment while a student, I honestly don't think it would create any cause for concern.

              --William
              I am an attorney, but I am just not your attorney.
              As such, any statement is not intended to create an attorney/client relationship.

              Comment


              • #8
                Originally posted by BKDefender View Post
                The trustee's concern is that if you are unemployed when filing BK, and become unemployed after filing BK, is that you were intentionally underemployed just so you can file BK.
                If you're unemployed when filing BK, how do you become unemployed after filing?

                Either way, one would think this stance would be incredibly hard to prove, especially with so many people out of work right now. If I had filed bankruptcy last week and started my job search this morning, it could still be months and months before I could find a decent job.
                Filed Joint, No Asset, > $100,000 Unsecured Ch.7 6/7/13 ~~ 341 Meeting 7/15/13 ~~ Discharged 9/16/13 !!

                Comment


                • #9
                  Sorry - that was supposed to be 'become employed after filing BK'.

                  I've had potential clients (which I declined to represent) who said they just quit their job working for their dad so they could file bankruptcy in a few months, then after filing they would go back to work. If I saw that someone lost their job a month or two before filing BK and started work after filing BK but before the 341 meeting, I would be suspicious. After the 341 meeting - not so much because it's not generally reviewed after that.

                  --William
                  I am an attorney, but I am just not your attorney.
                  As such, any statement is not intended to create an attorney/client relationship.

                  Comment


                  • #10
                    Originally posted by BKDefender View Post
                    Sorry - that was supposed to be 'become employed after filing BK'.
                    Ah. Gotcha.

                    I've had potential clients (which I declined to represent) who said they just quit their job working for their dad so they could file bankruptcy in a few months, then after filing they would go back to work. If I saw that someone lost their job a month or two before filing BK and started work after filing BK but before the 341 meeting, I would be suspicious. After the 341 meeting - not so much because it's not generally reviewed after that.
                    Those clients just basically came right out and said they wanted to defraud the system?

                    Generally, people who lose their job file if they were living on the edge beforehand, and then go looking for work again. A situation like that would be very difficult to prove fraudulent, so for the majority of us who hit a hard spot and needed relief, it's really a non-issue. I certainly can't think of a good reason for a legitimate filer to just sit around jobless after filing bankruptcy.
                    Filed Joint, No Asset, > $100,000 Unsecured Ch.7 6/7/13 ~~ 341 Meeting 7/15/13 ~~ Discharged 9/16/13 !!

                    Comment


                    • #11
                      Originally posted by BKDefender View Post
                      spamdress: The trustee's concern is that if you are unemployed when filing BK, and become unemployed after filing BK, is that you were intentionally underemployed just so you can file BK. If it's a temp job and there are short-term reasons for your employment while a student, I honestly don't think it would create any cause for concern.

                      --William

                      Thank you. My biggest fear was that I'd find a summer internship or land a job through a temp agency and the court would view it as "currently working," deny the bankruptcy and then I'd be back to square one when the internship/job was over. My 341 is on 4/15. Any job that I find won't start before then. Unless the trustee asks about maternity leave at the meeting, I guess I'll keep quiet about it.

                      Thanks again!

                      Comment


                      • #12
                        Originally posted by Pizza View Post
                        If you're unemployed when filing BK, how do you become unemployed after filing?

                        Either way, one would think this stance would be incredibly hard to prove, especially with so many people out of work right now. If I had filed bankruptcy last week and started my job search this morning, it could still be months and months before I could find a decent job.

                        "decent job"
                        I'm willing to settle for one of the fast food places down the street if necessary. I have a friend at a staffing agency who "claims" to be able to give me a job if I need it. I agree with you though...it could be months if that (realistically) doesn't come through.

                        Comment


                        • #13
                          With ch. 7, do the trustees continually review your case after it's been discharged? I guess my question is, how does the trustee know of all the goings on of your case after discharge? My attorney never explained this to me.
                          Chapter 7 Filed: 2/24/10
                          341 Meeting: 3/23/10
                          Deadline for Objections: 5/24/10
                          Discharged and closed: 5/29/10

                          Comment


                          • #14
                            The Chapter 7 trustees normally don't monitor what happens after they issue a notice of no-asset case, and especially after they issue the discharge. If you have an asset case he/she will monitor your case for proofs of claim that need to be paid.
                            Other than what is filed in the docket, the trustee knows what you and/or your attorney tell the trustee. If, for example, your tax refund is going to be $4k instead of the $800 you put in your petition, your attorney is required by law and by his professional license to inform the trustee and file an amendment so that the trustee can decide to keep the non-exempt portion or abandon it for you to keep. If you don't tell the trustee, you get to keep it, but if your case is chosen for one of the random U.S. Trustee audits and they find that you had a larger tax return, they'll reopen the case and request the discharge be revoked and the case dismissed.
                            It's kind of like taking too many deductions on your tax return or speeding on the street - it only hurts when you're caught and then it hurts real bad. It is better to be honest, shine the light of day on everything, and get your discharge without having to worry about any further repercussions.


                            --William
                            I am an attorney, but I am just not your attorney.
                            As such, any statement is not intended to create an attorney/client relationship.

                            Comment


                            • #15
                              BKDefender,

                              I have a question; I filed Ch.7 back in mid January, and I had my 341 on 3/16/10. The trustee already filed his report of "No asset", and gave back all my financial information that had been included in my petition. In addition, the trustee never even asked to see updated paycheck stubs, bank statements, or 2009 tax information. The trustee never even asked if I was getting a tax refund. Now, I have the opportunity to work a lot of overtime for the next 2 weeks (I’m talking 80-100 hours). If I do work the overtime, my next paycheck in early April is going to be about $7,500-$9,000 in a two-week period. This is a rare opportunity, but for the first time in over a year, it will give my family some disposable income. Could this be a potential problem; and theoretically, could I be forced into a Chapter 13. If so, as much as I would hate to do it, I will turn down the overtime.

                              Respectfully,

                              Potsie834
                              Filed BK7 on 1/16/10:
                              341 on 3/16/10 (No Asset)
                              Discharged 5/17/10 (Fresh Start)

                              Comment

                              Unconfigured Ad Widget

                              Collapse
                              Working...
                              X