Bother hiring attorney because of new job after filing?

[persh]

I recently was offered (and accepted) a job after filing for CH7. I really had no wiggle room as to when I started, and after reading previous posts, I'm definitely worried. This new job pushes me over the median and is more than 10% change from the job I used to complete the schedules for the 6-month back period. My CH7 was filed with no assets, no property, single, no income.

My question is: since the trustee is likely to ask "have your circumstances changed", and I'll have to answer "yes" ; and then the trustee will move for dismissal under the "totality of the circumstances," should I even bother to involve an attorney (I filed pro se). Do I even have a shot (luck of the draw)? would an attorney increase my chances of successful CH7? Should I dismiss my own pro se case, save some money, and wait until I'm unemployed again to file?

Thanks for the help!

[tobee43]

i don't know what state you r in...however, i would get an attorney...even tho it's a killer and it usually cost approx 1500.00

it is you're best chance as most of them have relationships with the trustee's as they work with them on a regular basis...unlike you or i, who don't know anyone! LOL

we hired a "green" attorney...he appears just out of law school...we were soooooooo tired of the loud mouth ones that promised the world and delivered heartache at a high cost....we went via CCC their "approved" and the federal bankruptcy court approved attorney's list to chose ours.

i interviewed at least 6 and found this guy to be quiet, yet knew the present electronical system far better than the "good" ole guys out there....and even tho he showed up with his zipper undone at r 341 hearing..LOL...u can see by the dates i have listed he most certainly did his job....well! i'm a paralegal and wouldn't think about going alone on this situation...not even for a second! hope that helps. but, then again it's up to you. and your new job just may throw you into a 13 as opposed to a 7...but only attorney could advise you best on that one..

ps sorry that's debtors...typo's r me

[daytona]

You should be fine as the BK takes the snapshop of your financial situation as of the date you file...only thing that could throw a monkey wrench in it would be a lottery win or inheritance within 6mo of filing.

[tcreegan]

new job after filing

Hi persh,

I have seen several folks in your situation on the forum, maybe do a search of "new job" ?

People getting new jobs....ray of hope in the economic situation ??

Tom in Colo

[bigtim6656]

To me causing you problems cause you got a better job is just totally wrong. I talked with a business friend and he told me to wait a few more years and see if my big debts drop off. I will be out of college in 2 years and do not want to have it hanging me up on the chance i would all magically go away or I end up with a good job and can not get out from under everything.

[persh]

Thanks for the responses. The reason for asking my question came after doing a search on "new job" on the site. I think, from what I read, the issue is either fatal to the filing (motion to dismiss or convert to CH13) OR it's a non-issue (as they consider a "snapshot" of the financial situation).

I'm going to move ahead on asking an attorney to help out. Really, I wasn't planning on spending too much money on this, but I can't afford to take chances on almost $165k in consumer/student debt (and not including a $2.5million restitution).

Thanks for the help!

[tcreegan]

typo?

Persh, is that a typo....2.5 million restitution??

Be aware that student loans, child support, most taxes, and many court-ordered paybacks (felony level, esp if violence is involved) are not dischargeable

Hope you knew that going in.....

Tom in Colo

[persh]

Just as an update... I spoke with my attorney last month and he actually told me that he was not needed. He quickly looked over my forms, approved (THANK YOU NOLO), and that was it. They only look over at the time of filing (the "snapshot" theory). The question my attorney asked was "how much do you make?" (under 250K), so his response was "don't over think the totality of the circumstances"... I guess i should post this in the 341 forum, but in the Western District of Washington (Seattle), the trustee really only asked 7 questions:

1. Name
2. SSN check
3. Domestic obligation owed?
4. true and correct forms
5. Assets and liabilities are true
6. Declared BK before?
7. any corrections and additions

This took 90 seconds... NEXT...

tcreegan: Long story ... I owe that much because a bar burned down

Anyway, That's it!

---------

BK Declared: 8/5/2010
341 hearing: 9/8/2010

[tobee43]

well...i hope you are soon in the 90 day club!

we were never asked that much....however, every case is different...every district and trustee is different.

[mommi2many]

Persh, it sounds like things went very well for you after all. Congrats!