top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

And of course the unexpected happens...possible job offer pre 341

Collapse
X
Collapse
 
  • Page of 3
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 3 template Next
    #1

    And of course the unexpected happens...possible job offer pre 341

    Great, had everything panned out, all ducks in a row, everything fitting properly...and now, out of the blue a very large financial institution called me out of the blue, did a prescreen this monring and already has me set up, with hiring manager's ok, for a management final interview and assessment this Monday at 7 am. Two days before my 341. I was informed if the management team gives me a thumbs up and the assessment is ok, I will receive a phone offer wihtin 24 hours, contingent upon background check, securities licenses, etc, etc. Oh crap. That would get me the offer on Tuesday, 1 day prior to the 341. Would it materially change my means test and schedules...yes, and unfortunately, it would screw me over. On top of everything, I have not disclosed that I am in the middle of an active bankruptcy filing either-not that I have been asked anything other than employment related information about my background. As I said, oh crap. Not sure I'm looking for an answer here....well, I guess I am...I can try to reschedule the interview, but in this economy that would be simply stupid as I've been trying to get out of my current job for over a year. Oh well, suggestions anyone?

    Thanks
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC
    Tags: employed, employment, new job, new job 341
    #2
    awe joe (hugs). Well...first I'd say congrats on the interview . My hubby was in the same situation and he decided that if offered the position and prior to any bkgrnd check and possibly a credit check, that he would divulge at that time, but not before as there was no need since it was contingent and if BK was an issue from the start, personnel would know ahead of time. Surprisingly they were very understanding and said "it happens - especially in today's economy, nothing to worry about, its the background we worry about more than anything". So he was good there.

    Also - I thought that it was from your date of filing - not projected future earnings?

    Comment

      #3
      Thank Pandora. The issue wih my particular trustee is that in every single 341 I attended a week ago he asked every person if there had been any change in job or income since filing. He makes this a standard question, and if offered something on Tuesday, I don't want to lie....
      Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
      AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

      Comment

        #4
        Check your PRIVATE MESSAGES for the answer...
        Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

        Comment

          #5
          Originally posted by Pandora View Post
          Also - I thought that it was from your date of filing - not projected future earnings?
          Trustees reserve the right to motion for dismissal in a case like this - where an unemployed debtor receives a job prior to his 341. They do so under the TOTALITY OF CIRCUMSTANCES clause.

          At the very least, I'd expect that the Trustee will dig deeper and see if a new job generated income to push him into a Chapter 13. On the flip side, I have heard of some situations where the Trustee says "congratulations" and moves on. The important thing to note is that the risk exists and does not "end" the day of filing.
          Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

          Comment

            #6
            Originally posted by gman View Post
            Trustees reserve the right to motion for dismissal in a case like this - where an unemployed debtor receives a job prior to his 341. They do so under the TOTALITY OF CIRCUMSTANCES clause. [/B]

            he didnt say he was unemployed.. he said he would be changing jobs - so he has a job currently

            Comment

              #7
              Originally posted by Pandora View Post
              he didnt say he was unemployed.. he said he would be changing jobs - so he has a job currently
              My mistake....
              Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

              Comment

                #8
                True, have a job currently, this one just changes the income bracket...ouch.

                Gman, thanks for message, replied via PM.
                Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                Comment

                  #9
                  sokay - so does the latter still apply then or does it go from date of filing?

                  Comment

                    #10
                    Originally posted by Pandora View Post
                    sokay - so does the latter still apply then or does it go from date of filing?
                    It still applies at trustee's discretion from my understanding. And since I'm already an over the median filer barely squeaking by on the means, this would kill me on the J, no way I could make up for the difference in expenses. Besides the sure to come unwanted UST attention.
                    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                    Comment

                      #11
                      Originally posted by Pandora View Post
                      sokay - so does the latter still apply then or does it go from date of filing?
                      The day of filing determines the Means Test.

                      Schedule J (future disposable income) is an entirely different beast. Even after the 341 a Trustee can object - but the risk after the 341 is likely to be less than 1% because the Trustee is unlikely to catch wind of a change in circumstance after that date. If a Trustee objects and decides to file a motion to dismiss under the TOTALITY OF CIRCUMSTANCES, a Judge makes the final decision.
                      Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

                      Comment

                        #12
                        How's this for technical? Monday is final interview & decision, Tuesday verbal job offer, with written on mail later that day or so, Wednesday 341, and when asked: Has there been a change in employment and/or income since you filed (He asked this exactly the same way for 28 consecutive 341's, pretty sure it's his standard repertoire) the answer is no. Why? Because technically there has not YET been a change in employment or income....or am I reaching too far here? Offer in, but notice not yet given to current employer, new job not yet started, new income not yet perceived....ugh?
                        Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                        AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                        Comment

                          #13
                          I think you could state that No there is no change at the moment because until the background check is completed, all I's dotted and T's crossed - the offer is contingent. You still have to put your 2 weeks notice in..riiiiight? Its what we did and it worked.

                          How'm I doin?

                          ETA comment: we did ask our attorney first however - and it was what he told us (just as you're saying)

                          Comment

                            #14
                            Originally posted by ccsjoe View Post
                            How's this for technical? Monday is final interview & decision, Tuesday verbal job offer, with written on mail later that day or so, Wednesday 341, and when asked: Has there been a change in employment and/or income since you filed (He asked this exactly the same way for 28 consecutive 341's, pretty sure it's his standard repertoire) the answer is no. Why? Because technically there has not YET been a change in employment or income....or am I reaching too far here? Offer in, but notice not yet given to current employer, new job not yet started, new income not yet perceived....ugh?
                            Best advice I can give you [in an open forum - haha] - is to answer the SPECIFIC question YES or NO and not a single word or explanation more. Don't lie...just don't answer a question that was not asked.

                            "Tomorrow" the offer could be rescinded, tomorrow you could be no longer with us, tomorrow you could hit the lottery, no one know what tomorrow holds.
                            Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

                            Comment

                              #15
                              Joe congrats on the interview. Personally I wouldn't say anything until after the background check is completed because a job offer is not official until after all hurdles are cleared. Ten days ago, I received a written job offer contigent on a background check. Because of a mix up in getting paperwork from the local office to HR in Florida, I still don't know if I got the job, although it sounds promising. Until you know for sure, I wouldn't say anything. If I had my 341 today and was asked if my job situation has changed (which by the way I wasn't asked at my 341), I would say no because at this point I don't officially have a new job and that would be an honest answer.

                              My situation is a little unusal, but a background check can easily take two days, so maybe it won't be official until after your 341. Good luck Joe.
                              Filed Chapter 7 on July 30, 2010
                              341 scheduled for August 26, 2010 - Done! - Report of No Distribution
                              Discharged!!! - November 15, 2010

                              Comment

                              Previous 1 2 3 template Next

                              bottom Ad Widget

                              Collapse
                              Working...
                              X