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    #1

    Should I amend?

    I think I know the answer but I will throw it out there anyways. On the Schedule I there is a line that asks if you anticipate any change in income, during the year following your filing. I received a raise literally the day after we filed (cost of living, nothing exciting), which I knew there was a chance might happen but was never told for sure by our management one way or the other (before we filed). Should I have my lawyer amend the paperwork and make note of the cost of living increase on that line? I know it's possible they will ask me at our 341 about any changes in income after we filed.

    Thanks
    Filed Ch 7 - 07/10/08
    341 Meeting - 08/13/08
    DISCHARGED! - 10/15/08
    CLOSED - 10/20/08
    Tags: None
    #2
    If it is a matter of only a few dollars, I wouldn't bother--OMO. Now if it is several hundred dollars, that's another matter. In any case talk to your lawyer.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment

      #3
      I'd run it by your lawyer. I had a small raise a week after we filed my papers. My lawyer said that the amount was to small to change anything. So we left it be. Your lawyer should know best how to handle it
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment

        #4
        I'll give him a call...I had mentioned it to him before we filed but it was on oversight on both our parts as far as noting the increase on that line. Now that I think of it he did mention at one point though that the trustees are typically only concerned with increases of 10% or higher between filing and the 341.

        My raise was 3.75%, or a gross of $280/per month.

        Thanks!
        Filed Ch 7 - 07/10/08
        341 Meeting - 08/13/08
        DISCHARGED! - 10/15/08
        CLOSED - 10/20/08

        Comment

          #5
          Originally posted by laurannm View Post
          I'll give him a call...I had mentioned it to him before we filed but it was on oversight on both our parts as far as noting the increase on that line. Now that I think of it he did mention at one point though that the trustees are typically only concerned with increases of 10% or higher between filing and the 341.

          My raise was 3.75%, or a gross of $280/per month
          Thanks!
          $280 gross a month is peanuts. After taxes your actual net will probably be only $200. The Lord might give, but the tax man taketh it away.

          Comment

            #6
            You know me... I'd play it safe and amend it just to set the "nothing to hide" tone with the case trustee given your income and debt load. I know your petition is supposed to be a snapshot of your finances the day you filed, but because the raise occurred before your 341 it will come up one way or another. I'd rather volunteer the information than have to explain it when the trustee asks "Have there been any changes to your income since filing?" at your 341 hearing.

            Unless your disposable income on I & J is a huge negative number, $200 is (at least to me) significant.

            Comment

              #7
              Originally posted by Help! View Post
              You know me... I'd play it safe and amend it just to set the "nothing to hide" tone with the case trustee given your income and debt load. I know your petition is supposed to be a snapshot of your finances the day you filed, but because the raise occurred before your 341 it will come up one way or another. I'd rather volunteer the information than have to explain it when the trustee asks "Have there been any changes to your income since filing?" at your 341 hearing.

              Unless your disposable income on I & J is a huge negative number, $200 is (at least to me) significant.
              I agree with HELP, I want there to be nothing to come up as a problem. Your atty will have your final answer I guess but to me amending and removing the question from trustee is better. Just my opinion.
              pa308 (equifax fico 6-21 471) 594 on 3-09 671 7-09
              filed ch7 6-12
              341 7-25
              Discharged and closed 9-24

              Comment

                #8
                Originally posted by Help! View Post
                You know me... I'd play it safe and amend it just to set the "nothing to hide" tone with the case trustee given your income and debt load. I know your petition is supposed to be a snapshot of your finances the day you filed, but because the raise occurred before your 341 it will come up one way or another. I'd rather volunteer the information than have to explain it when the trustee asks "Have there been any changes to your income since filing?" at your 341 hearing.

                Unless your disposable income on I & J is a huge negative number, $200 is (at least to me) significant.
                I definitely agree with the "nothing to hide approach". I have a call into our lawyer now.

                We are showing -$250 without the raise, so we should be covered.

                Thanks for the responses
                Filed Ch 7 - 07/10/08
                341 Meeting - 08/13/08
                DISCHARGED! - 10/15/08
                CLOSED - 10/20/08

                Comment

                  #9
                  Spoke to my lawyer, and he doesn't believe it is anything worth amending the petition over. Apparently in our district that question only pertains to changes in income of 10% or more.
                  Filed Ch 7 - 07/10/08
                  341 Meeting - 08/13/08
                  DISCHARGED! - 10/15/08
                  CLOSED - 10/20/08

                  Comment

                    #10
                    laurannm,

                    I figured most folks are up for cola raises. I don't think that's what they're talking about. A cost of living raise isn't really a raise, right? It's just a way to keep up with inflation.

                    So I can't imagine they want all of us to mention we might get a 3 to 4 percent raise in the coming year as part of a cola increase.

                    Just thinking out loud.

                    Comment

                      #11
                      Originally posted by laurannm View Post
                      Spoke to my lawyer, and he doesn't believe it is anything worth amending the petition over. Apparently in our district that question only pertains to changes in income of 10% or more.
                      Lorannm: you have done the responsible thing. God knows the errors I have on my forms right now and have asked my lawyer (whom I have motioned to dismiss and hearing Aug 6) and have yet to get an answer. If I am asked, Lawyer, UNDER THE TRUCK WITH YOU!! 'Hub
                      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                      Comment

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