Higher paying job after filing, or discharge?

[weRN2deep]

Hello all, we are right on the cusp of being able to file chap7 with what my dh is currently making, but he would like to try and find a better paying job (if there is such a thing in our state right now).

Does he have to wait until we're discharged? or is it just at the date of filing that we want to be in the lower income category? ie, is income ONLY look back? or can they look at a higher income amt at the 341?

hope this makes sense.

[Mrogdog078]

I would be interested in this topic

[leena]

The trustee asked me at my 341 if I expected my income to increase within the next year. I would say wait until at least after the 341, particularly if you are now close to the median. They do have that little deal about "totality of circumstances" which near as I can tell often really means the trustee's feeling about if you ought to be allowed to do a 7.
It would probably be alright, but why risk a problem?

[2manybills]

In So. Cal. the TT's are so busy they are not asking anything about jobs. We were in front of the TT for a whole 2 minutes. It is a look back not a look forward.

It is better to be safe if the better pay job comes after the 341 hearing.

[ItsJustMe]

In So. Cal. the TT's are so busy they are not asking anything about jobs. We were in front of the TT for a whole 2 minutes. It is a look back not a look forward.

It is better to be safe if the better pay job comes after the 341 hearing.

This was our experience as well. She didn't ask anything, really . Just the standard scripted state your name, etc. Is it your testimony that your house is worth less than your mortgage. She did ask about a lawsuit that was listed in the file (that has since been dropped) but even that she just said 'You have no intention to persue this further?' We said no and were out of there. I think we only spoke 3 times in the whole 2 minute 'meeting'.

[justbroke]

The deal is this... if asked the question, how would you answer? As stated above, some Trustees aren't even asking in this climate, but then again, some are. I would say most of it also depends on what your prior income looked like as well. The "totality of circumstances" is a big stick the UST carries, but they really don't pull that one unless you're over the median or discharging lots of unsecured debt... and it "appears" that you don't deserve the relieve under Chapter 7.