overtime income and Chapter 7

[mauleg0615]

I just had my 341 on January 13th. So far so good. I expect a discharge on April
13. Work is giving me an opportunity to make over 20 hrs of overtime a week . Is OT wise for me to work the overtime while not discharged yet or does it not make a difference at this point. Thanks in advance.

[Avand18]

Your income at time of filing should be all that counts. OT is not considered during the means test and it is not a raise and is definitely not guaranteed.

[btbeme]

Agreed. Income after your filing isn't considered, unless it comes from certain places such as an inheritance. Work well, earn large, and spend wisely!

[nceguyfromne]

I just had my 341 on January 13th. So far so good. I expect a discharge on April
13. Work is giving me an opportunity to make over 20 hrs of overtime a week . Is OT wise for me to work the overtime while not discharged yet or does it not make a difference at this point. Thanks in advance.

The Means Test is everything and those 6 months prior to your filing are what matter. Unless you are in the midst of defending yourself against a presumption of abuse because you failed the means test, I wouldn't worry about a little overtime at all. I was never asked if my income had changed after I filed.

[LadyInTheRed]

OT is not considered during the means test and it is not a raise and is definitely not guaranteed.

If a debtor received compensation for overtime during the six months prior to filing BK, that income must be included in the means test. If there is no guaranty of continued overtime and the overtime caused the debtor to fail the means test, that fact can be used in trying to overcome the presumption of abuse. To avoid the hassle, the debtor can delay filing until the overtime falls off the 6-month look back.

I agree that if a debtor works overtime after the filing date and he didn't know on the filing date that overtime would be available, it shouldn't be an issue.