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Lost my Job after I filed but before 341

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    Lost my Job after I filed but before 341

    Okay i kinda saw this coming, and well, it happened. I was laid off. I filed on 5-5, 341 is on 6-15. And now I have found out that my job is gone. Time for unemployment. Bad to worse I know :-/

    Anyway, I have a call in to my lawyers office but I thought I should ask. Do I need to file an amendment or anything or can I just leave it? The unemployment I should receive will for sure be less than I was making. Can I just tell them I lost my job at the 341? What kind of paperwork do I need to bring? Its not like its gonna hurt my bk case lol

    Thoughts?
    Filed: 4-26-2010 341: 6-15-2010

    #2
    Originally posted by bk442 View Post
    Okay i kinda saw this coming, and well, it happened. I was laid off. I filed on 5-5, 341 is on 6-15. And now I have found out that my job is gone. Time for unemployment. Bad to worse I know :-/

    Anyway, I have a call in to my lawyers office but I thought I should ask. Do I need to file an amendment or anything or can I just leave it? The unemployment I should receive will for sure be less than I was making. Can I just tell them I lost my job at the 341? What kind of paperwork do I need to bring? Its not like its gonna hurt my bk case lol

    Thoughts?
    The 6 month income period for your median income was prior to your losing your job, so if you were under the median then this shouldn't be an issue at all. Just let your attorney know, and if your trustee is one that requires a recent paystub at your 341 just bring your unemployment papers.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #3
      Originally posted by bk442 View Post
      Okay i kinda saw this coming, and well, it happened. I was laid off. I filed on 5-5, 341 is on 6-15. And now I have found out that my job is gone. Time for unemployment. Bad to worse I know :-/

      Anyway, I have a call in to my lawyers office but I thought I should ask. Do I need to file an amendment or anything or can I just leave it? The unemployment I should receive will for sure be less than I was making. Can I just tell them I lost my job at the 341? What kind of paperwork do I need to bring? Its not like its gonna hurt my bk case lol

      Thoughts?
      This should not impact your bk. Your information was accurate as of the day you filed. There is no need to mention it at your 341 unless asked (which is doubtful). They don't care about your income unless it's too high, their only concern is that you reported all your assets.

      As a general rule you should NEVER offer extra information at a 341. If the Trustee doesn't ask, don't tell. Once you offer up information, it becomes fair game for more questions. My attorney instructed me, and I'm sure yours will do the same, to stick to yes/no answers unless you are asked for further information. "No running at the mouth," as he put it. My 341 took all of about 90 seconds.

      Good luck and hope you find a new job soon.
      4/2010 - Filed Chapter 7 no asset case w/car reaffirm
      5/2010 - 341 meeting, no creditors present
      10/2010 - Reaffirm finally approved and case discharged the same day

      Comment


        #4
        Originally posted by nceguyfromne View Post
        This should not impact your bk. Your information was accurate as of the day you filed. There is no need to mention it at your 341 unless asked (which is doubtful). They don't care about your income unless it's too high, their only concern is that you reported all your assets.

        As a general rule you should NEVER offer extra information at a 341. If the Trustee doesn't ask, don't tell. Once you offer up information, it becomes fair game for more questions. My attorney instructed me, and I'm sure yours will do the same, to stick to yes/no answers unless you are asked for further information. "No running at the mouth," as he put it. My 341 took all of about 90 seconds.

        Good luck and hope you find a new job soon.
        I think one of the more common questions at 341 meetings is "has anything changed?"

        I would recommend discussing it with your attorney.
        ==================================
        Filed: 4-30-2010
        341 Complete: 6-16-2010
        Discharged and Closed 8/17/2010

        Comment


          #5
          Originally posted by Blueboy View Post
          I think one of the more common questions at 341 meetings is "has anything changed?"

          I would recommend discussing it with your attorney.

          Agreed. The attorney will know best. All I am saying is that it is probably not something to sweat over. I am sure trustees vary somewhat by state and district (and the laws associated with each) but in my experience the questions are not that vague. In my district a trustee gets 8 cases per 30 minute time slot, so they don't have time to listen to stories about a debtor's electric company increasing rates by 5% or the heating bill decreasing on account of it now being May instead of March. They are asking very specific, targeted questions. Just my respectful observation.
          4/2010 - Filed Chapter 7 no asset case w/car reaffirm
          5/2010 - 341 meeting, no creditors present
          10/2010 - Reaffirm finally approved and case discharged the same day

          Comment

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