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when can i get a job ?

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    when can i get a job ?

    My husband is filing for BK next week . He is employed but I need to get a job soon in order to pay our bills. We pass the means test due to my not having a job.
    Do I have to wait until the filing date to get a job or do until the 341 meeting ? or should I wait until after the discharge ?
    I really need to help my husband out with the bills but am afraid my being employed will put us over the means test. We have an attorney and she says I can get a job right now but a paralegal friend advised me otherwise.

    I need to get a job but I'm afraid getting one will affect his BK .

    when is the right time ?
    i'm confused.

    #2
    To be on the safe side it is recomended that you wait until after the 341 meeting.
    Now if you working would still keep you under the median and you can still show no disposable income you could get a job at any time.

    However, it usually keeps things simplest to wait until after the 341.
    Filed: 10/26/2006
    Discharged: 03/05/2007
    Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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      #3
      Someone told me you should wait too.

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        #4
        My first attorney said to wait until I was discharged. My new attorney said my spouse could get a job after the 341
        Filed Ch 7 - January 29th, 2008
        341 - February 29th, 2008
        Discharge - June 20th, 2008
        Closed - October, 2008

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          #5
          I found my 2nd job after my 341.
          Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
          341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
          Case Closed 07/15/2009 :D:yahoo:

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            #6
            Take all the suggestions here and then weigh them out, with what your attorney advises.

            Personally, if I was asked the question I would suggest waiting until after the discharge. During the time of the 341 to discharge anything can happen, concerning the trustee. They all seem to operate within different parameters. If for some reason you get audited, or something comes up, and your trustee decides to take a second a look at your finances, having the additional income could weigh in against you. Not only do you need to look at the median but also disposable income issues.

            I suppose if you have a pretty straighforward, clean cut case, there wouldn't be any reason for the trustee to continue snooping around. But, if you have a case that is a bit messy, and has things that raise questions, it could be looked at throughout the 60 day period. There's really no guarantee that you won't be questioned about anything after the 341.

            To me it just makes sense to wait until your estate is totally yours, and back in your hands, and not under someone elses microscope.
            Last edited by jp2861; 05-22-2008, 12:33 PM.

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              #7
              I got a job between filing and 341 mtg and the question did come up at 341 - I had listed myself as unemployed when we filed (which I was) - then I got a PT job soon after filing - at our mtg the trustee asked me under oath and being recorded "and ae you still unemployed" so I had to tell the truth. I said I got a PT job to help with medical expenses - we knew our son was going to have to have surgery the next month and we had not calculated those costs into our expenses and that the job was to cover that kind of thing. He did not ask any more questions -he was really nice and said "sounds like having 4 kids is enough of a job for you so good luck with that" but I guess it all depends on your numbers - My job pays very very little - I would be nervous doing that if it would put you over the means - all trustees are not as nice as ours I am sure. Just know the question will probably come up at your mtg if your status changes after you file.

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                #8
                thank you for your kind advice.
                I accompanied my husband to the signing and asked the paralegal who assisted us with the paperwork and she told me that I can get any job regardless of income as long as it is done after the filing date.
                This is contrary to the advice received here. We paid the lawyer over 2000.00 dollars. and now my husband wants me to get a job right now because of what the paralegal advised. I wanted to wait until after the 341 but now he says otherwise.
                I don't know what to do .

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                  #9
                  If you begin making a significant amount of money right after filing, the trustee CAN dismiss your case due to the totality of the circumstances, even if you passed your means test. There was a case I read about where a gentleman got a job making 90k a year after filing, and his case was dismissed, even though he passed the means test. If it's not a lot of money, however, it should not make a difference. It will NOT put you over your means test, because your means test is done using the six months prior to filing. That being said, the SAFEST route would be to wait until after the 341, if you can stick it out. Hope this helps.
                  04/03/2008- Filed for BK CH7-Middle District of FL
                  04/04/2008- Found out I have the more "laid back" trustee- the other one is a real bear, I hear. Yay!
                  05/06/2008- 341 meeting held

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                    #10
                    How close is your husband's income to the median income of your state?

                    What type of job are you seeking? How much do you expect it to pay?

                    The Trustee will ask if there have been any changes at the 341, so many lawyers suggest waiting til after the 341.

                    If you will be working minimally or for minimum wage it probably doesn't make much difference. If your looking for a second full time income that pays more than minimum wage then it might make a difference.

                    If you need a job to still meet obligations even after discharge it might not affect anything.
                    May 31st, 2007: Petition Filed by my lawyer
                    July 2nd, 2007: 341 Meeting Held
                    September 4th, 2007: Discharged and Closed.

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