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HELP- Attorney Suggestion

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    HELP- Attorney Suggestion

    Hello Everyone,

    I am very nervous about this.. I orig. contacted my attorney for questions I had about filing a CH13. My attorney suggested that we drop our hours at work and file a CH7 later in the year. Although it would be tough, the wife and I can do this but we have a few questions? The median of the state is 78K for us and he mentioned if we can make no more than 88K, we should be perfectly fine. So, here is the questions:
    - What risks are there with this?
    - Wouldn't the trustee notice this? His answer was, they will not ask what happened to employment. The 6 months of stubs are proof.
    - When can we increase our hours back to full time? He said after filing day.
    - Do we have submit current- meaning after filing stubs to trustee?
    - Our checks are directly disposited into the bank and our stubs are on-line? Can a print out suffice for that? What do they need to see?

    THanks ,Maria

    #2
    Sounds good to me. I'd do it.

    Comment


      #3
      Would it work? If I increase my hours post filing and before 341, will that be risky. Won't they see this in a recent pay stub. I am not sure of the Cook County rules.

      Comment


        #4
        sure this is BK planing do what works best for you
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

        Comment


          #5
          TEW,

          doesn't the trustee usaully ask for a recent pay stub during the 341? If I am able to increase my hours after filing wouldn't that reflect in my current pay stub. Is it normal for them to ask for a current post filing pay stub?

          Comment


            #6
            Originally posted by mgk3378 View Post
            TEW,

            doesn't the trustee usaully ask for a recent pay stub during the 341? If I am able to increase my hours after filing wouldn't that reflect in my current pay stub. Is it normal for them to ask for a current post filing pay stub?
            it may be safer to just wait your 60 days after the 341. Personally- i would rather be a little broke (and get to go home earlier!) for a few more months than get pushed to a 13 if they do ask for paystubs during the 60 days...
            Filed Pro Se: 10/16/2009
            341 Scheduled: 11/23/2009
            Last Day for Objections: 1/22/2010
            Discharged: 1/28/2010

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              #7
              I have been out of work since June last year, first for job loss, then illness/surgery. I am not planning to work at all until we are discharged. Our attorney said no problem, they won't even ask why I'm not working.
              BKForum Blog: The Journey

              sigpic

              Comment


                #8
                So it is ok to lower your hours to make less money to pass the means test? The trustee wouldn't ask for anything prior to the 60 days or six months prior which ever it is and question way your pay has decreased? Would they want to look at prior tax returns to see what your income used to be?

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