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New job offer after 60 days but before discharge

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  • New job offer after 60 days but before discharge

    Hi all

    I have gotten through my Chapter 7 with no problems. It s now 60 days post 341 meeting, and I am waiting for my discharge. I just got an offer for a new job which pays $410K, up from the $240K I currently make. My case was made an asset case last minute due to my tax return and will not be closed until November or so. Is there any risk to my discharge if I accept the job offer before my case closes or even before the discharge is filed? I need to respond by Monday next week. Thanks for the advice.

  • #2
    I guess i'm not really understanding why someone with that kind of income would be going bankrupt--but, we all get in over our heads somehow. What exactly do you do for a living that earns you that kind of money? And...how did you file a chapter 7 with that kind of income? All that aside, I would say to be upfront with the trustee and let them know you got a job making almost double what you currently make. I'm sure he/she will make adjustments accordingly. I know if I got a job offer making nearly double what I make now I would request my case to be dismissed...but thats just me.

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    • #3
      I would check with your attorney just to make sure. My two cents are if you have not received a paycheck yet and you are this close to discharge you are fine. In chapter 7 cases normally after the 341 meeting any money you make is fine, because the 341 meeting takes a snapshot of your current and last 6 months worth of income. Now I am not very familiar with chapter 7 asset cases. In any case I would just let your attorney know and they should be able to tell you for sure if you have to disclose the amount to your trustee.
      Chapter 7 filed on 4/23/2010
      341 meeting on 5/28/2010
      Discharged on 8/19/2010

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      • #4
        A job offer is not a job (period). It does not need to be disclosed. If the sixty days has elapsed, it is not even a factor had the debtor/poster actually started that job. Just update your attorney, but I'm sure he'll repeat what I just wrote.

        (And for others, don't poke at people who make significant income. They generally file "non-consumer" bankruptcy anyhow. These are the people who create jobs in this country by an overwhelming margin.)
        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


        • #5
          Originally posted by nubzster View Post
          Hi all

          I have gotten through my Chapter 7 with no problems. It s now 60 days post 341 meeting, and I am waiting for my discharge. I just got an offer for a new job which pays $410K, up from the $240K I currently make. My case was made an asset case last minute due to my tax return and will not be closed until November or so. Is there any risk to my discharge if I accept the job offer before my case closes or even before the discharge is filed? I need to respond by Monday next week. Thanks for the advice.
          Please share what you do to earn that kind of salary?
          If your FICO is higher than your net worth, THAT is the definition of insanity.

          Personal Ch 7, No Asset (7/10) $172k unsecured
          341 8/27/10

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          • #6
            Gotta say.. it will take me almost 10 years to make what you make in 1... a little mind boggling.
            Retained Lawyer: 04/2009 Filed: 09/2009 341 Meeting: 10/2009 Discharged: 12/2009 Asset: 05/2010 made asset Closed: 07/2013 after 47 long months

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            • #7
              Hello everyone, I had a similar fear of getting employment before my discharge. My attorney tells me that the creditors likely would not find out if I get a job or not, but if they happen to find out that they can challenge my case (I'm guessing potentially turning my chapter 7 back into a 13). I also imagine HR not wanting to give someone a job while they are in the middle of BK (so telling the company you have been discharged and now have a fresh start just looks better to companies as well).

              Perhaps to the person making $400k a year, they should ask the company hiring him if they can delay the start date for another month until discharge goes through???

              Comment

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