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In CH13 now and am probably about to get fired. HELP??

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  • In CH13 now and am probably about to get fired. HELP??

    Would it be more beneficial for me to allow them to fire me or should I just resign beforehand? I know when looking for another job I'll be asked if I've ever been fired, so I'm hesitant to let this happen. However, what are my options as far as possibly "Converting to CH.7" if I were to quit? Would this be allowed? I'm single so I filed as a single wager earner. I was over the Ch.7 income threshold when I files a couple of years ago, but if I have no job for a month, I'm pretty sure I would at least be eligible. I'm just wondering of trustees are likely to dismiss my case if I quit instead of getting fired. I would be getting fired with just cause, so that can't look good either. I really don't want future employers to know i was fired for just cause, so in that sense, it would appear o be better to just quit.

    Any thoughts would be greatly appreciated. I have to decide by noon thursday or i may have no choice but be fired.

  • #2
    WOW, well as a person who used to hire and fire, you do not want it to show up on your resume as a firing. It is always best to quit. Most employers these days will not give a bad reference, and will only state the time you were employed with them and your pay scale. The perfect statement for a "quit" is something like "a shift in organizational priorities made this role less than a fit for me over time".

    The bankruptcy changes things though... You need to talk to your attorney ASAP.
    11-12-2009 Filed Chapter 13
    12-23-2009 - 341
    1-20-2010 - business 341

    Comment


    • #3
      First, do not quit until you talk to your attorney; secondly, there is a difference between leaving a job yourself, being let go due to downsizing, etc., or geting fired. When one is "fired" it is usually performance related and not due to company cutbacks.

      Even if you are laid off or fired at your job, you are still responsible to make your chapter 13 plan payments (that was stated right in our Plan) and since you are already a few years into the Plan, you have some major things to look at before you make any decisions - call your attorney. Best of luck to you.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

      Comment


      • #4
        In part, it depends on why you're getting fired. Is it cutbacks, reduction of work? If you quit, you will NOT be eligible for unemployment benefits. I would suggest getting started on finding a new position while you're still employed ASAP.

        Also, it is not necessary to put why you left a job on your resume. EVER.

        Comment


        • #5
          I wouldn't worry about the effect on future jobs. Nothing can show up on your resume that you don't put there. And as someone else stated, most companies will not give a bad reference, they will just confirm that you were employed and the dates. Most won't even give salary/pay information. All you would have to tell a potential employer in an interview is that you were laid off. It's happening all over the place right now, it wouldn't be a red flag to anyone. No need to go into any detail.

          If you quit without having another job lined up, you risk a lot of issues with your Chapter 13. I doubt the trustee will be too sympathetic if you voluntarily give up your income. And as someone else pointed out, you won't be eligible for unemployment. Consult your attorney, start looking for a new job immediately and wait it out.
          Filed Ch 13 - 2/2010
          341 meeting - 4/2010
          Confirmed! - 6/2010

          Comment


          • #6
            Originally posted by Lissy View Post
            I wouldn't worry about the effect on future jobs. Nothing can show up on your resume that you don't put there. And as someone else stated, most companies will not give a bad reference, they will just confirm that you were employed and the dates. Most won't even give salary/pay information. All you would have to tell a potential employer in an interview is that you were laid off. It's happening all over the place right now, it wouldn't be a red flag to anyone. No need to go into any detail.

            If you quit without having another job lined up, you risk a lot of issues with your Chapter 13. I doubt the trustee will be too sympathetic if you voluntarily give up your income. And as someone else pointed out, you won't be eligible for unemployment. Consult your attorney, start looking for a new job immediately and wait it out.
            I agree about the laid off vs being fired. I would just say I was laid off. Firing for cause can prevent you from recieving unemployment, but only if the company challenges you request for UC. Big companies don't bother most of the time and you can still collect. So from this standpoint I would rather be fired unless I had another job already lined up.

            As far as how quitting would affect your BK, I have not read anywhere that the reason for being unemployed would have any effect. The rules seem to be very specific. 6 month look back on means test. Expected income and expense on schedule I & J.

            It would be different if you were trying to lie to the court. For example if your Boss agreed to "fire" you and hire you back in 2 months. the trustee might dismiss for "totality of cirumstances".

            If anybody else has better info, please correct me. But i can't see where the reason for being unemployed would have any bearing.
            Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
            Filed Chap 7 - 12/31/2009
            341 - 2/12/2010
            Discharged - 4/19/2010

            Comment


            • #7
              Originally posted by BCA2009 View Post
              It would be different if you were trying to lie to the court. For example if your Boss agreed to "fire" you and hire you back in 2 months. the trustee might dismiss for "totality of cirumstances".

              If anybody else has better info, please correct me. But i can't see where the reason for being unemployed would have any bearing.
              I believe totality of circumstances can still come in to play if they think you quit for the purpose of being able to file 7, then you are going to get another job.

              My wife shutdown her business and we had to wait until she found a new job before we filed our CH13 otherwise we were told there would be a totality of circumstances dimissmal filed because it was 2 income debt it is expected to have 2 income repayment.

              Of course, its different if there was a reason such as disabled, had new baby and income wouldn't justify daycare expense, proof of job search for at least 3-4 months with no offers, etc.

              Obviously it comes down to how your judge sees it, but I would expect an objection filed if you quit your job so you could get in to a 7.
              Filed CH13 - 06/2009
              Confirmed - 01/2010

              Comment


              • #8
                Samething happened to me. Lost a 70K job, converted to 7 and it's the best thing that could of ever happened. No more $1400 payments a month. We discharged all of our CC debt, unloaded two cars, and now are living happily ever after on unemployment for the meantime.

                Only problem is if you have equity in your personal property, then your an asset and in a whole different ballgame.

                Comment


                • #9
                  Originally posted by waldo22 View Post
                  and now are living happily ever after on unemployment for the meantime.
                  Your unemployment must be a lot better than in my state. $300/week(before taxes) is the maximum, no matter how much you made.
                  Filed CH13 - 06/2009
                  Confirmed - 01/2010

                  Comment

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