I have an employment offer that will significantly change my income. I am post 341 meeting by two weeks, but quite a long ways from discharge. If I accept this offer do I have an obligation to disclose the change in income, and could it force me into Chapter 13?
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I would consult with your attorney to see what he recommends. It's really hard to say because we don't have your petition in front of us. The trustee will usually ask if you plan on finding a job or have a job in mind in the future? Did you not know about this position at the 341 hearing. -
No. Your Chapter 7 petition is a snapshot of your financial picture upon the date of filing. Many people have taken new jobs after filing without a hitch. Good luck, hope you get it!Originally posted by rynofly View PostFiled Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.Comment
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Newbie is correct. Enjoy your new job. Let the hamsters know when you get your discharge. 'HubIf 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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Then why have I read that the Trustee athe the 341 is interested in knowing if your situation has changed i.e increase in income. Are they only interested forCh 13 cases? If so, then if you file CH 7 that is then converted to a CH 13 would your salary be the one at the time that you filed?$160k Unsecured; Way Over Median
Filed CH 7: 7/28/10; 341 Meeting: 9/7/10 (Was A Breeze)
Dishcarged: 11/9/10; Case Closed: 12/2/10Comment
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A chapter 13 is a whole `nother animal. All disposable income during the life of the plan has to be paid to the unsecured creditors (or, to keep assets above exempted amounts.) If there is a salary increase the trustee may or may not increase the payment amount. Much goes in to a Chapter 13 that never happens in a Chapter 7.Originally posted by ConfusedinOC View Post
The only reason why I can think that a chapter 7 trustee would ask about future income at a 341 is because there is a question of "totality of the circumstances" that would push a filer to a Chapter 13 case.
Otherwise, the bk law is pretty clear about things: Date of filing is what matters.Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.Comment
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