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Forced into chapter 13 because of new job?

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  • Forced into chapter 13 because of new job?

    I started a new job 2 days before my Chapter 7 341 hearing. My attorney offered this info to the trustee without being asked, and said that he will file an addendum after I get a paycheck. The trustee said "Are you going to do an addendum just for the income? I wouldn't bother." My attorney replied "Technically, for an increase over 10%, we should." The trustee shrugged and raised his eyebrows and said "Okaaaaaay." If the US trustee dismisses my case or tries to force me into Chapter 13, can I even reaist? Why did my attorney insist on an addendum that the trustee didn' even want? I'm so annoyed.

  • #2
    Why in the world would your attorney do that? I have never heard of updating information unless the Trustee asked for it to be updated. Strange.

    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

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      My thoughts exactly, which is why I am concerned about the repercussions of his actions.....any thoughts about how this could affect my case?


      • #4
        The affects to the case are exactly that to which you elude; your case could be considered an abuse and referred to the United States Trustee (UST). The UST may be disinterested because you probably won't even have your first paycheck before a couple of weeks after the 341 Meeting, and if they hold a paycheck back -- as they do where I work -- you may not be paid until 30 days later.

        Typically, you tell the (panel) Trustee that you started a new job and they usually say "congratulations... good luck" and then conclude your 341 Meeting (meaning that you just wait the 60 days). The Trustee seems as shocked as I am that an attorney would insistent, against the Trustee's coaching that it's unnecessary, updating your paperwork to something that is not reflective of your state of financial affairs at the time of filing. This may be a first I have heard this but doesn't mean that it isn't something that has happened.

        Typically you'd tell the Trustee and they may refer the case to the UST and the UST would decide. I have only read cases in extreme circumstances, where a job obtained after filing affected the discharge in a Chapter 7.
        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

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          SMH. This attorney has been doing bankruptcy for 30 years.I cannot believe he did this to me. Now I will be stressed over this for 60 days, up to 5 years, or worse 6 civil judgments and garnishments. I can' afford to pay creditors in a Chapter 13. I don't even have a car anymore, and no hope of saving $ for one if I have to pay those debts. 😭


          • #6
            It's not that you can't afford to pay creditors in a Chapter 13. You pay what they deem that you can afford (based primarily on the Means Test). Maybe your attorney will take the Trustee's advice not to update pre-petition forms with post-petition income. Who knows. Maybe this is normal for this attorney or that a new job after filing is so unique that they don't want to mess up. (Or, since your attorney has been a BK attorney for years, they may be a Chapter 7 Panel Trustee... and thinking with their trustee hat.)
            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

            I am not an attorney. Any advice provided is not legal advice.


            • #7
              I changed jobs 3 months before filing. My previous job gave me 2 bonuses and cashed out my vacation hours. My 6 month income looked like I earned 65k. Luckily it is the end of the year and I could prove I made under 45k. I also passed the means test. My court date for a 7 is in January.


              • #8
                My attorney also told me I had to do a chapter 13. Honestly I read up on how to fight this. I just kept repeating the job change threw me off. Good luck to you!


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