Taking Temp Work before Filing

[ApresMoi]

The law firm I hired said they would have everything ready to file in 2 to 3 weeks, which puts my filing at anywhere from next week to mid-March.

I fear the 'worst case' scenario (mid-March) as I am nearly out of unemployment benefits and still no job offer. I will need to take whatever work I can find, ASAP, and it will likely be temp work. Yet all the income/expense info I gave the law firm (for the 6 month period Aug thru Feb) is based on unemployment income.

If I take temp work now, which I desperately need to do, isn't this going to screw up the filing and/or require that they revise the paperwork to reflect a change in income?

[mtbc]

This is a good question. I've wondered about these law firms that take a few weeks between information and filing. Is there a last-minute information bit for the changes? Because, there'll inevitably be some -- bank account balances if nothing else! I hope it doesn't cause too much trouble.

[SMinGA]

You'll need to give copies of all check stubs up to the file date to your attorney. So if your case is filed 3-22 (random date) and you get a temp check on 3-19 you'll need to send a copy of it over. The temp work itself probably won't matter. The amount of $ you can earn from temp work is not likely to be enough to change your 6 month average income by much.

[ApresMoi]

This is a good question. I've wondered about these law firms that take a few weeks between information and filing. Is there a last-minute information bit for the changes? Because, there'll inevitably be some -- bank account balances if nothing else! I hope it doesn't cause too much trouble.

I just assumed I would have at least one opportunity to review the final numbers before filing. I certainly hope so, because yes, the account balances have changed.

[ApresMoi]

You'll need to give copies of all check stubs up to the file date to your attorney. So if your case is filed 3-22 (random date) and you get a temp check on 3-19 you'll need to send a copy of it over. The temp work itself probably won't matter. The amount of $ you can earn from temp work is not likely to be enough to change your 6 month average income by much.

Well, that's a relief. I did not know that they would look at 'to date' earnings as well as the 6 month period of earnings. I will have no trouble passing any means test, even if include a few temp checks. Thanks.

[momofthree]

The 6-month lookback goes by the paystubs from the end of the previous month. So, if you file anytime in March (whether the 1st or 31st -- doesn't matter), they automatically go by the paystubs ending Feb. 28th.

[ApresMoi]

The 6-month lookback goes by the paystubs from the end of the previous month. So, if you file anytime in March (whether the 1st or 31st -- doesn't matter), they automatically go by the paystubs ending Feb. 28th.

I hope you are right. I am out of time. I am just worried the 2-3 weeks might stretch into 3 or 4, in which case that would present a problem. If they can get everything done and filed in March, and if I can take temp work now, that would work out okay. Thanks for your input.

[ApresMoi]

momofthree: i got through to someone who corroborated what you said. they're primarily interested in income through feb. however, they did say that if i were to take employment that was "substantially" higher than what i am reporting on the bk filing, that that could present a problem for the bk.

[BigHairyPig]

Job Offer after 341 meeting

My situation is kind of similar. I haven't been employed for 12 years, stay at home mom, etc. The income reported on the means test was my husbands. I am 3 weeks post 341 meeting. Got a job offer, good income, told future employer I need to wait the 10 days after 341 to see if files for a dismissal and we have to go 13 (want to avoid). Now our worry is the "overall" picture the UST could use in the next 30 day period after the 341. Could my acceptance of this job and income increase jeopardize our ability to stay in a 7, and alert the UST in some way? We need the health insurance, stability desperately.

[ApresMoi]

Can anyone comment? This is something I need to clarify as I could find myself in the same boat (possible job offer after filing but before discharge). How does that work? Thank you.

*************

My situation is kind of similar. I haven't been employed for 12 years, stay at home mom, etc. The income reported on the means test was my husbands. I am 3 weeks post 341 meeting. Got a job offer, good income, told future employer I need to wait the 10 days after 341 to see if files for a dismissal and we have to go 13 (want to avoid). Now our worry is the "overall" picture the UST could use in the next 30 day period after the 341. Could my acceptance of this job and income increase jeopardize our ability to stay in a 7, and alert the UST in some way? We need the health insurance, stability desperately.

[Meatstick]

For the sake of your filing the 6 months look back is Aug-Feb if your case is filed anytime in March. I really don't think you have much to worry about since any work started in March or later is out of that 6 months look back. If asked at the 341 about increased earnings you would state yes I have a part-time job if you have started working. If you haven't then there is nothing for you to disclose or for that matter the TT/UST to inquire about. I have read many times that the TT/UST may ask for bank statements covering the time between filing and the 341 to see if the filing was strategic in that you may be expecting a large work bonus or other lump sum. But for the sake of finding work and increasing your earnings you have got to get back on with your life and suppressing future earnings helps nobody.

In our case we are filing Ch7 the 2nd week of April and will be way over the median. I myself was working two full-time jobs and wife was also working. My wife is going to school full-time now and I am working one job at the moment. We are still over the median and our family income will always be over the median. I can find weekend contract work at anytime but I am not going to do anything until our case is filed and we have the 341. We will almost certainly get looked at by the UST but our expenses have us covered with plenty of room to spare.

Maybe Justbroke will read this thread and add his comments.

Goof Luck !

[keptdigging]

I have read that the TT may ask the following at your 341:

"Have there been any changes in your financial circumstances since you filed?"

But after the 341, you should be done answering questions, so changes in income and employment should stay off their radar. (Except for the items specified by law such as inheritance within 6 mos after filing.)

[OutofTime]

my wife is a student snd graduating in june and with my income now, will be above the medain by 2k or so. As for finding a job, it won't be until maybe four to six months if she's lucky. I guess I'm in the category where I need not to disclose addl future income since I'll hopefully be dischraged by that time.

meatstick, just curious, how much over the median were you?

[Meatstick]

Around the $10k mark.