No job when filing Ch 7 - have questions

[amd25]

We are filing federal exempt the end of this month in Nevada. We have moved twice in one year so our attorney told us that we are federal exempt. We live with my sister right now with minimal bills since we aren't using credit of any kind for 5-6 months now.

I have read on here where it was implied that you needed to have a job of some sort to file, is this so? My lawyer hasn't mentioned this and he knows my husand and I haven't found work. We lived off our federal tax return and because of my husband's credit score has been turned down for 3 management positions here. I've yet to get in the door anywhere yet so it's not like we're not trying, but I'm concerned how this will affect our filing.

Also, the middle of JUne will be 91 days (for federal exempt filing) that we've lived here to file. Our attorney said that a trustee isn't going to make us show proof how long we've lived here for and we dont' have any anyway because we haven't been able to find work. Anyway, any input is helpful, I am really confused.
Thanks!

[keepmine]

Nothing in the bk code says you must be employed to file a Chapter 7.

[amd25]

good to know, thanks keepmine.

[JRScott]

At the same time even though it is not a requirement to be employed it is often better to have at least some numbers for the trustee to look back on.

[amd25]

At the same time even though it is not a requirement to be employed it is often better to have at least some numbers for the trustee to look back on.

We do have pay stubs up until a few months ago. He was laid off and then our poor credit score is what's kept him from getting another job....it's amazing how many companies are going by credit. Although I 'think' I landed a job yesterday, if so, I'll have something recent to show at the 341...

Thanks!

[Bandit]

Also, the middle of JUne will be 91 days (for federal exempt filing) that we've lived here to file. Our attorney said that a trustee isn't going to make us show proof how long we've lived here for and we dont' have any anyway because we haven't been able to find work.

So if you live in Nevada for 91 days & use fed exemptions, then you can file at that point? That is kind of odd though because your lawyer is being a butthead in that other thread when you would not be able to do it until then any way?

but there are other ways to show how long you live somewhere, like getting the drivers liscense or ID, or when the kids started at their school or some kind of dated material. I feel for you for having to move so much recently, no work, & the Bk on top. I really do & hope things get better soon so some new roots will get started.
You are in my thoughts, amd25.

[Phillymanhere]

the thing about having a job is more practical, not legal.

A lot of people think it's not so good to file bk while unemployed because you may still be incurring debt ... and now after you get bk relief, you won't be able to get rid of the new debt ....

[amd25]

So if you live in Nevada for 91 days & use fed exemptions, then you can file at that point? That is kind of odd though because your lawyer is being a butthead in that other thread when you would not be able to do it until then any way?

but there are other ways to show how long you live somewhere, like getting the drivers liscense or ID, or when the kids started at their school or some kind of dated material. I feel for you for having to move so much recently, no work, & the Bk on top. I really do & hope things get better soon so some new roots will get started.
You are in my thoughts, amd25.

Thanks...yeah, I guess communication is the key and he hasn't really communicated much with us since we paid him the first few payments. But yes, after 91 days, we can file our bk, he just keeps trying to get us to file sooner saying that no one will ever check it out....there is no way I'm going to keep my fingers crossed that the trustee wouldn't check on that being that we have had to move a couple of times this year. That being said, our bankstatements show gas/hotel charges for the trip out here and the minor expenses that have been incurred here. Also, yes, my son is in school here so we can use that as well. Thanks again for your post!