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Laid off, file 7, get severance, then get a new job? What happens?

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  • Laid off, file 7, get severance, then get a new job? What happens?

    We are being laid of June 1. most likely filing within 30 days afterward...filing a 7 instead of the intended 13. What happens if we get a job before we are discharged for the 7--it normally takes about 4-5 months-right?

  • #2
    If you have reasonable grounds to expect that you'll be re-employed within one year, you need to say so in your petition. There's a place on Schedule I, at the bottom. Line 17.

    If you actually do get another job before your 341 you'll have to say so at the 341. Why? Because it's almost certain that the trustee will ask if any circumstances have changed (I have forgotten the exact wording of this question.)

    After the 341, doesn't matter to anyone.

    Hope that helps.

    Last edited by BornAgain; 05-13-2009, 06:35 PM.


    • #3
      Originally posted by BornAgain View Post

      After the 341, doesn't matter to anyone.

      Hope that helps.

      Thats good to know. After I have my 341 meeting, I plan on looking for another job. Hopefully in the October / November time frame.
      Filed (Pro Se) - 06/23/2009.
      341 meeting - 08/05/2009.
      Last day for objections - 10/05/2009.
      Discharged - 10/06/2009


      • #4
        Originally posted by flower04 View Post
        We are being laid of June 1. most likely filing within 30 days afterward...filing a 7 instead of the intended 13. What happens if we get a job before we are discharged for the 7--it normally takes about 4-5 months-right?

        you can get another job in the mean time. Only thing is that at the 341 they will ask if any circumstances have changed.

        They still just use the income from the six months before you file though.

        I believe a lot of people are in similar situations.

        They can't get you for getting a new job; it's the only realistic thing to do.
        Filed Pro Se: 10/16/2009
        341 Scheduled: 11/23/2009
        Last Day for Objections: 1/22/2010
        Discharged: 1/28/2010


        • #5

          I'm sorry to hear of your lay off. I just read where this recession is the worst since the one in 2001. I know DH who is an OTR Truck Driver's income is slowing decreasing.

          The good news is not having to file a 13 and be under the scrutiny of the Trustee for several, several years.

          Your income is based on the past 6 mths excluding the month you file. So if you file in July, your income would be listed from Jan - Jun.

          Trustee may ask if your income has changed. Our Attorney told us as long as it was not over 10% increase, Trustee would not delve any further.



          • #6
            We have a similar situation only dh is already laid off (March 26th) and he got no severance. We asked the atty and he said safe after 341.
            filed chapter 7 BK 4/27/09
            341 meeting 6/4/09
            DISCHARGED!!! 8/5/09


            • #7
              DH was unemployed when we filed. i took on more hours and was ready to awnser that my income had increased but dh was still unemployed. The TT never asked anything. We were negative on the budget too.
              FILED CH7: 03/20/09
              341: May 11th, 2009
              DISCHARGED: July 13th, 2009


              • #8
                How long from the day of filing to the 341, is it the same as CH13....90 days apx?


                • #9
                  Originally posted by flower04 View Post
                  How long from the day of filing to the 341, is it the same as CH13....90 days apx?
                  I am in a ch-7, and it was aprox 40 days or so from filing to 341. I believe 40ish days is routine.


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