BK filed now I have been offered a job. Do I ask that the BK be removed ?

[Breeze48]

We live in Tampa Fl
We have an Atty (kinda). We filled out the asset sheet. valueing everything at garage sale prices.
The Trustee has sent an appraiser to check our belongings. There were a couple of things that I missed on our inventory.
What happens there?

Also, a company called and I may have a job. If I am offered a job should I withdrawl my BK petition?

[free2breathe]

A couple things missed, unless it was a 52" flat screen hd tv (you get the drift), won't be a huge deal. What happens is, if the appraiser values your belongings at higher than what you did, the trustee could claim the assets and sell them and use the funds to distribute to creditors. This, of course, would happen only if the trustee determines that there are enough assets to make it worth his while to move forward with liquidating them.

Also, you can't just withdraw a Chapter 7 petition. There has to be a really good reason. In this case, since they sent someone out to appraise your assets, it could be a red flag...just wanting to dismiss to keep your assets. If you get the job, when you go to your 341, the trustee will ask if anything has changed, at that point you would disclose the new job, he'd ask about income, etc. At that point, the trustee might move to dismiss.

I believe this is a fairly accurate statement. Someone will surely correct me if I'm wrong I welcome corrections.

[Breeze48]

We had the 341 already (I think).
The things I missed were a small safe and he included the out building I mentioned above. I really dont care about keeping anything at this point. I am not convinced our Atty has any experience. I am just worried that our lack of an Atty is going to get us into trouble.

[tcreegan]

Hi Breeze,

Appraiser came to the house....lets see...you must be from Florida!!

Standard procedure for your area, the couple extra things they mentioned, your atty adds them and files an amended sch B

We had the 341 already (I think). ...hmmm...you should know this, you, spouse, atty, met somewhere with the BK trustee, you had to have your drivers lic. and soc.sec. card, at some point he turned a recorder on and had you state your name, couple more things, then a few questions on your case, all say good by and leave.

Take the job. You may get the job, may not. Certainly didn't plan your BK around a job, so there is no fraud or 'bad faith'
There are two places on the forms where you state 'any reasonably anticipated change' in your income. Put down, I might get a job.
If asked, answer honestly. BUT....try to keep your answers to yes, no, I don't know, Can I get back to you on that....

Hope any of this helps,

Tom in Colo

[Breeze48]

Thanks much. I will call my Atty today. I am also looking for a new one.
Yes we did meet w trustee. Tape recorder, drivers license, etc...
My memory is not great so I have a prob w details.

Thanks again for your post.

[Freddy03]

Thanks much. I will call my Atty today. I am also looking for a new one.
Yes we did meet w trustee. Tape recorder, drivers license, etc...
My memory is not great so I have a prob w details.

Thanks again for your post.

If your bk is almost done why would you want to get a new attorney?

[Breeze48]

Because when I told my Atty some info his reply was "I dont want to know". That has me scared.