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New Job, Student Loans and the Means Test

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    New Job, Student Loans and the Means Test

    Hi all! I've been lurking for the last several months and have benefitted greatly from the information on this board. I now need some insight myself. I've been unemployed since August of last year. I had a real estate license independent of my day job, so I have actually had one commission check (in Sept.) during that time. I decided to file ch7 and retained an atty in Jan. after a creditor threatened to sue me. Well, I received a job offer @ $68k a few weeks ago. After being absolutely broke for the last few months there was no way I was turning the offer down. I tried to stall my start date while I scrambled to come up with the $ to pay off my attorney and get my case filed. To make a long story short, I started the job this week and just received the petition from my attorney today. I had been calling him for days leading up to this job offer with no response. Nonetheless, I'm concerned about failing the means test now as my new salary will put me well over the median for a single filer. I have about $50k to $60k in unsecured debt and $120k in student loan debt. Based on a 6 month avg., I would still pass but will my new job cause problems? The letter that came with my petition said to expect it to be flied within 2 weeks of my corrections. I plan to get this thing back to him in the next day or two, but I may actually receive a paycheck by the time it's filed. Believe me, it was a tough decision for me to decide to file, but once I did I was relieved at the prospect of a new beginning. With $100k + in student loans, it's not like I won't have any bills to pay when it's all said and done. I'm worried now b/c I feel as though I'll be scraping by with no money the same as I always have if I'm forced into a ch13. Anyone have any experience to draw from?

    #2
    Just because your salary increased doesn't mean you won't be able to file Ch 7. Your new salary increase may be offset by your secured debts. Also if you file soon, the increase won't impact the six-month lookback for income very much.

    Work with your lawyer to redo the Means Test and Schedules to see where you fall out now. Even if the trustee does ask during your 341 if your income has changed since you filed, now you can answer, "No, it hasn't" honestly Good luck!
    Last edited by lrprn; 04-15-2008, 05:57 AM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Originally posted by lrprn View Post
      Just because your salary increased doesn't mean you won't be able to file Ch 7. Your new salary increase may be offset by your secured debts. Also if you file soon, the increase won't impact the six-month lookback for income very much.

      Work with your lawyer to redo the Means Test and Schedules to see where you fall out now. Even if the trustee does ask during your 341 if your income has changed since you filed, now you can answer, "No, it hasn't" honestly Good luck!
      Follow lrprn's advice.
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

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        #4
        Originally posted by JRScott View Post
        Follow lrprn's advice.
        I totally agree!!

        Congrats on the new job OP.

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          #5
          Thanks all for the quick and positive responses!

          Comment

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