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Filed CH. 7 today, need advice re: 341 and new job!

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    Filed CH. 7 today, need advice re: 341 and new job!

    Hello everyone! Great forum, love everyone here! My husband and I filed our Ch 7 no asset BK today and I actually feel so relieved! I'm looking forward to our 341. My attorney told us that the trustees only have 5 minutes to spend with each person and that the trustee we got is nice. She said he's compassionate with people and isn't mean; he doesn't make them feel stupid or bad about anything. I'm still nervous as heck about it, but I think it will be alright.

    My problem is another issue, but still related. I just got a job offer yesterday. (after almost 2 years uenmployed!) I start on January 24th and I have 7 weeks of training. Our 341 is on February 8th. I want to go to the meeting and come right back to work. I'm so nervous about asking for time off, but I have to. I'm thinking I should obviously wait until after I start the job to say anything, but then what should I say? Should I tell them I have a mandatory court appearance and leave it at that, or should I be honest and tell them I'm filing BK? My attorney is going to write me a letter stating that I have this mandatory appearance. I'm not sure what her wording will be, but I'm confident she'll use discretion. I told her I'd rather not tell them about BK and don't feel that I have to. On the other hand, I'm a believer in honesty being the best policy and sometimes hiding things causes more problems. The only reason I'm nervous is because it's a new job, obviously. If not for that, I'd ask for the time off and be done with it. I'm willing to take the time unpaid if necessary and I believe that during the time I'm gone, they'll have lunch so I won't miss too much actual classroom training time. I just hope they're understanding because this obviously isn't something I can get out of!

    Anyone's help or words of wisdom would be great! Thank you!

    #2
    Unless you work in an industry that requires disclosure (financial services, federal government, security clearances, law enforcement), then you need not be specific. Just inform your job that you need several hours off to attend a hearing regarding a personal matter that you cannot defer. Most will understand and assume it's traffic related!

    As a matter of fact, the 341 Meeting is not even a court hearing and is not allowed to be held in a courtroom or in the presence of a judge!

    I would be upfront as to the "hearing" and I would do this with your new manager on the day that you start work.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Hi Laurie,

      No option on attending the 341, it is mandatory. I agree w/ justbroke; be proactive about it at work. Can't be the first or last time they have dealt with this situation.

      100% agree: Honesty is the best policy ...but your business is your business. "I'm not comfortable discussing it" is pretty honest.

      Fresh start, new job, shaping up to be a pretty good new year !

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

      Comment


        #4
        I agree that you should discuss this from the beginning without fear of revealing your personal legal position. Your tactfully straightforward discussion will help set off a relationship with your employer based on your willingness to confront an issue asap. Admit your concern over the fact that this is poor timing and that you regret it, but this must be dealt with and the date is set.

        You'll be just fine.

        Let us know how it turns out.
        11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

        Comment


          #5
          I think a BK is pretty easy to explain during the hiring process but I personally "do a 180" when it comes to discussing matters like this once a person is hired.

          In a new role, first impressions really count. Personally, I'd minimize the issue by noting it is a hearing (as already recommended) and then indicate that you've been asked to provide a statement and you don't really have any control over the fact that you have to be there. Probably a good time to point out that it's not a criminal matter. That's all pretty honest stuff.

          If you really want to mess with them, you could mumble something about your crazy neighbor or witnessing a car accident. Those could be true, too... although not necessarily connected to this particular issue. They really don't need to know there's no connection. It's 2:30am and I think it sounds like a fun way to play with their heads but I'm sure it won't seem so funny in the morning. I suppose you'll just have to decide if you want to add a little twist to your story or not!
          OK - from now on it's not a "Bankruptcy." It's a "Weight Loss Program." I'm in. Sign me up.

          Comment


            #6
            Thanks for the answers everyone! I really appreciate it. I'm still nervous, but I believe being upfront and handling it on my first day is best. I think I've decided to say that I have a mandatory court hearing to attend to, express my concern over the bad timing of it, (as someone previously stated) but indicate it's not something I can get out of. If I am pressed for anything more, I guess then I can say, unfortunately we've had to file BK because I've been unemployed for almost two years and it's been a tough time. (maybe not even say the unemployed and tough time part?) I can only hope they'll be understanding. Or as Tom from Colo put it, I can say "I'm not comfortable discussing it" and that's also pretty honest. BUT, I don't want them to think I'm not comfortable sharing anything with them or that I'm hiding something. I feel like if I'm not forthcoming, it might make it look worse and they'll wonder, "A court hearing for what??" One's mind can wander to many different places. Next thing I know, there's rumor around the office that I'm a felon or something. LOL

            Of course all of this also depends on what sort of feel I get from my new supervisor. (or whoever I speak with) If I feel he's a jerk, then I'll give him as little info as possible. If I feel like he'll be a bit more understanding, then I'll bring up the BK. We'll see what happens! I will keep everyone posted.

            Comment


              #7
              One more question: you could say I received the final offer today because the recruiter called me and told me I passed the background check and was ready to start on the 24th. He gave me directions on how to get there, what to wear, etc. etc. So I clearly have the job now. I hung up with him because it was my intention to discuss it on my first day there. Then I thought about it and after asking the advice of some manager friends, (who told me I am ok mentioning it now because I have the job) I decided to let the recruiter know about it now. I emailed him expressing regret over the horrible timing of the hearing, but that it was mandatory that I attend. I didn't mention bk. I also told him that if necessary, I can provide him a letter from my attorney. (maybe bad to mention the attorney part, but oh well. And my attorney did say she'd write me a letter... not sure what it will say, but if it mentions bk, I will have her write a more "vague" one) I gave him the date and time of the hearing and that I would like to leave work for about 3 hours and then come back. I told him I would take the time unpaid, use my lunch time to cover part of it, or do whatever I need to do. From what I've read online on other forums, I don't think they'll have a problem with it since I'm being upfront, I'm letting them know in advance, and we're talking about only 3 hours. (not a whole day or an entire week) What do you guys think? Did I handle it ok?

              Hoping now they don't take the job offer away.

              Comment

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