Chapter 13 question..I'm venting but I want to know

[sophieanne]

Hi everyone,
I'm having one of those horrible weeks, where I wonder why I keep working where i am (the answer of course is due to the economy; not a lot out there)...i'm extremely low paid and overworked (I know everyone is). I work for a university where the budget is tight and there's no extra money for pay increases or staff. As such we're expected to pick up the slack on everything regardless of how it impacts our own workload or state of mind. So...I'm in a 13. The bulk of our income comes from my husband. I'm just asking - just cause I'm venting. What would happen if I quit my job...would our plan be dismissed? or could it be adjusted? Would it be a problem because I quit? I think my doctor would work with me on a stress related leave. And please, I'm really venting. I apologize to anyone who may not be working because my complaints are trivial to what may be going on in your ife. Just curious if someone could tell me. Thanks! (Oh yes, we've completed 2 years of our 100% plan).

[159515951]

If you voluntarily quit your job without another job lined up, your Trustee probably isn't going to be too sympathetic. Best case is that you remain in the Chapter 13 for a few months, as the means test for a 7 is going to require looking back 6 months. If the court puts 2 and 2 together and realizes that you quit your job just to convert to a 7, you might find yourself without a job and with a dismissed case.

Maybe others will have better news for you, but this seems like one of those "what if" questions that could only end in financial trouble.

[Scott50]

Your plan would not be dismissed (only if you did not make the payment that is in your CH13 Plan). Talk to your attorney to see what the implications of a reduction in income would mean to your plan that would result from you quitting and taking another job with a lower pay or you not working for health reasons. Its a possibility that your plan could be adjusted- again don't do anything until you talk to your attorney.

[Pjmax]

Sophieanne, I really understand how you feel. Have you tried looking for something else while still employed? You might try looking into another position within the university that may have a better environment. If things are tight there, they probably fill positions that open up from within. I would call your attorney, just to find out what he says. If your doctor advises you cut back for awhile, it might not be a problem. I'm not an expert at all, just empathizing, so see what others have to say. You'll get through this, better days ahead.

159515951, I don't believe OP said anything about wanting to convert to a 7.

[sophieanne]

Thanks for your notes...my intent would NOT BE to convert to a 7. My husband makes over the median for the state so we would still be in a 5 year plan. The only change would be going from 100% to ????? I did speak to my attorney and he said the trustee would look at our income (without my pay) and our expenses to ensure they are reasonable. The trustee could decide to dismiss the case, however, my lawyer has never ever seen that happen. As long as the reason for leaving is reasonable it is possible. I would definately be looking for another job. I'ld love to stay where I am, but when they like what you do, you're not allowed to move (plus there's no money for new positions or filling vacant ones). Right now, all I'm doing is venting and data collecting. Thank you all again.

[Pandora]

I understand your frustration with your job, its like that everywhere unfortunately. Something you may want to look into, if at all possible and if your University offers it: do you have something similiar to Family Medical Leave Act and/or Sabbatical? Before you quit your job outright - perhaps some time off (without pay under those two areas listed) would give you some much needed time to re-group, yet still allow you to keep your job should you not be able to find another. This would also tell you if you'd be able to pay for your plan and other things with only 1 income.

Not sure how it would work with the Trustee...but....stranger things have happened.

Just some food for thought. Hope things get better for you!

[159515951]

159515951, I don't believe OP said anything about wanting to convert to a 7.

Oops -- you're right. I made that assumption based on reduced income, and shouldn't have.

[sheltielover]

I really feel for you-- I know what thats like. I hated my job and i actually quit a few months prior to us filing for 13. Now i have a job I love- - I work part time and a lot less stress.
Im sure your attorney and trustee can work something out! this is your HEALTH!! go for it and see if they will work with you-- you will be so much happier!

good luck to you!

[sophieanne]

I really feel for you-- I know what thats like. I hated my job and i actually quit a few months prior to us filing for 13. Now i have a job I love- - I work part time and a lot less stress.
Im sure your attorney and trustee can work something out! this is your HEALTH!! go for it and see if they will work with you-- you will be so much happier!

good luck to you!

From goldenlover to sheltie lover...thanks very much for your note..i really appreciate it!!!!