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When can income increase after BK7?

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  • No Gravy
    replied
    Originally posted by sick of debt View Post
    That needs to be reported as accounts receivable, my husband is a contractor. He is holding off on BIG jobs for now.
    That's the part that concerns me the most. I'm also self-employed and my receivables fluctuate wildly, but I have certain set monthly expenses. I know this isn't based on fact, because I've read otherwise, but I have this waking nightmare that my business checking will be drained and I won't be left with enough to pay the next month's bills. Or I'll get a big project come through on a bid I have out, and lose 25% of it because of the BK.

    I'll be very glad when this part of my life is behind me. I feel like I'm looking over my shoulder all the time, jumpy when someone drives by the house and looks, etc.

    Leave a comment:


  • BnkrptcyLwyr
    replied
    First off, did you even go through the analysis to see if you actually would be presumed to be abusing bankurptcy (aka - the means test).

    What was the result if you did?

    Leave a comment:


  • sick of debt
    replied
    Originally posted by Cali View Post
    Some contractors don't receive full payment until the project is completed.
    That needs to be reported as accounts receivable, my husband is a contractor. He is holding off on BIG jobs for now.

    Leave a comment:


  • sick of debt
    replied
    Originally posted by debtor36K View Post
    My lawyer told me I could win the lottery after I file and it wouldn't matter. Doesn't sound right to me but that's what he said!
    That is what my lawyer said.

    Leave a comment:


  • Cali
    replied
    Some contractors don't receive full payment until the project is completed.

    Originally posted by MajorMike View Post
    Free? or under the table.....Hmmmmm...nobody works as a contractor for 6 months for free...

    Leave a comment:


  • MomIcantFindmy
    replied
    I don't think it is really free but more like delayed payment. At least that is how I understand it. For the purpose of Bk right now it is considered "hobby" not work.

    Leave a comment:


  • MajorMike
    replied
    Originally posted by berrymom31 View Post
    I'm a contractor and will stop taking on projects next month in order to qualify for chapter 7. How long after filing can I begin working again? The guy I contract for wants to know, and I may do some projects for free in order to keep my spot open during the next 6 months.......
    Free? or under the table.....Hmmmmm...nobody works as a contractor for 6 months for free...

    Leave a comment:


  • FreshLikeADaisy
    replied
    Debtor, your atty is correct: the law specifies various sorts of income that are considered part of the bk estate that have to be declared within 180 days of filing (inheritance is one) and the lottery is not listed! However, if you did win the lottery before your bk was closed, your trustee might well have something to say about it in a "totality of circumstances" objection. Check this out: http://www.thesmokinggun.com/archive/0120051lotto1.html

    Leave a comment:


  • debtor36K
    replied
    My lawyer told me I could win the lottery after I file and it wouldn't matter. Doesn't sound right to me but that's what he said!

    Leave a comment:


  • BKParalegal
    replied
    A windfall in bankruptcy is basically something gained out of the ordinary course of life. For instance, winning the lottery, an inheritance, etc.

    Leave a comment:


  • PoorGrammyinBK7
    replied
    What is a Windfall?

    Originally posted by BKParalegal View Post
    To answer your original question, you typically do not want to alter your income and expenses prior to your 341. The trustee will ask if your income has changed and you need to be truthful, after that, outside of a windfall, you are good to go.

    Good Luck
    What exactly constitutes a "windfall"? I have heard various opinions. Is there a guideline or absolute law for this?

    Leave a comment:


  • BKParalegal
    replied
    They won't ever continue your 341, that only happens if you or the trustee request it. And it depends on the trustee, they could request that you redo your Schedule I and J if it was close to begin with. Though I doubt it.

    Good Luck

    Leave a comment:


  • laurannm
    replied
    Originally posted by BKParalegal View Post
    To answer your original question, you typically do not want to alter your income and expenses prior to your 341. The trustee will ask if your income has changed and you need to be truthful, after that, outside of a windfall, you are good to go.

    Good Luck
    What happens if your income does change between filing and your 341? I received a 3.8% raise the day after we filed, which amounts to monthly gross of around $280. Will the trustee force us to amend our schedules and continue our 341?

    Leave a comment:


  • BKParalegal
    replied
    To answer your original question, you typically do not want to alter your income and expenses prior to your 341. The trustee will ask if your income has changed and you need to be truthful, after that, outside of a windfall, you are good to go.

    Good Luck

    Leave a comment:


  • berrymom31
    replied
    Oh, I plan on keeping this between my boss, myself and ......us! I really will do the work for free, because I love it for one, and it is the perfect situation..I get to work at home, only go in once a week for 3 hours and I would do it without getting reimbursed after the six months just to keep the spot open! I know it sounds crazy, but it allows me to still stay home with my kids, attend school parties and so on. Out of all the things I am losing, house, car.....this job hurts the most!!

    Leave a comment:

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