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Getting a job/increasing your income before Ch. 7 hearing

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    Getting a job/increasing your income before Ch. 7 hearing

    I filed for Ch. 7 on June 14th and have my hearing on July 25th. Of course, my luck would have it that I actually got a "job" as an independent contractor this past week. A long period of unemployment led me to get into a lot of credit card debt. I have actually been doing freelancing work for several years (and while looking for work), but my workload has been very variable. I wasn't making all that much money from it, and I still wasn't able to pay for different necessities from time to time. However, this new agency seems to have a high availability of work, so I can perceive that my income will increase. Since it is an "as need" basis, I still can't predict by exactly how much, but I estimate that I might be able to nearly double my current income. Of course, I am desperate to increase my income and am not going to turn down any opportunities!

    Obviously I'm not keen on dismissing my case, because I would still have a lot of debt to pay off (and freelancing doesn't exactly offer a high level of certainty). But I'm curious as to how a situation like this would be handled. Is my case at risk of being dismissed or converted into a Ch. 13? Certainly if I was asked I wouldn't lie about my situation, but I'm not sure how to frame the situation if I were to be asked or if this would affect my case.

    It is probably important to add that I filed pro se. I actually just received a letter in the mail from the Trustee asking for several documents, so I was hoping to figure out my next move as soon as possible.

    I also wouldn't receive my first paycheck from this new company until after my hearing on July 25th, since this company pays with a delay of 1 to 1.5 months.

    Thank you, I appreciate your answers and advice

    #2
    Why would you cancel your case? It makes no sense. Unless and until you actually a.) have a real regular job, and b.) have the money in your pocket, is anything cast in stone. Just attend your 341 Meeting. When asked, you want to tell the truth. Those answers may be that you "may" have some work as a "freelancer" but you just haven't had any regular income.

    Let the Trustee or United States Trustee decide to force you to convert. If they do that, just let the case dismiss.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      I'm sorry, I fail to see where you "got a job"--all I see is that you may receive an indeterminate amount of income from working as an "independent contractor" on an as-needed basis. I would let my case play out, and avoid telling the trustee that you have obtained employment for a lucrative salary, when you have neither obtained employment nor any written contract entitling you to income. You are still unemployed, but may make a small amount of money on a sporadic basis from freelancing. That is what you should tell the trustee.

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        #4
        bcohen... always direct! (Yes, I skirted around this issue but only mildly.)
        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

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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