Notify trustee of job offer?

[mtbc]

My 341 is done, I'm in the 60 day wait before discharge. However, my job-hunting is going well, enough that it's now looking plausible (though not probable) that I could get myself a job offer before discharge that could push my Schedule J DMI too high. If I received or accepted such an offer, would I be obliged to file anything with the court or with the trustee to let them know that things are now looking up for me? Perhaps I have to be careful not to let the application process run too quickly just in case I get lucky with an offer! (It's really hard for me to tell what I'm worth in the present employment market.)

In particular, I may get a job far enough away I have to stay there over the week, and I'm sure not going to relocate my family too as they're all happy exactly where they are, and I wouldn't relish trying to make two lots of rent and utilities pass muster on a Schedule J.

Maybe I just have to slow things down. After getting my bankruptcy paperwork together, I moved on to working on job application stuff, figuring at that time that finding new employment would be a long, difficult process, but I've been getting more interviews sooner than I expected, so perhaps I just need to hang out on unemployment for a while instead.

[tigergem]

Right after my 341 meeting I was required to provide my trustee with a proposed order that specifically stipulated that if I get a job, I am required to notify him within 30 days of obtaining employment and submit a revised budget to include whatever expenses are necessary for having said job. Did you have this requirement? My trustee actually made me change the language of the standard proposed order form to include this language, so I am VERY aware of it.

But no I am not required to let him know that I am job hunting. Of course I am job hunting. He doesn't care if my prospects look good or not. So until you actually have the job and first paycheck in hand, I wouldn't worry about it.

Plus you are in a 7. So I honestly don't know, but it probably doesn't matter, but I am not qualified to say that. I'm in a 13 and my whole life is going to be about my budget for the next 5 years.

[mtbc]

No, I had nothing like that at all. I did mention in my filing that I expected redundancy, but I don't think he much read it.

[tigergem]

You don't have that long to wait til discharge. I wouldn't make any sudden moves that would affect the Plan. "Prospective" employment is entirely irrelevant. It is still ZERO employment until it actually happens. Don't open a can of worms.

[justbroke]

The notification doesn't apply to Chapter 7 cases.

[mtbc]

That's good news!

[justbroke]

Your Chapter 7 bankruptcy Estate is set at when your case is filed. Sometimes, the Trustees will ask you, at your 341 Meeting, if you got a new job. This is because many people "time" their filing with new jobs. Since you're are post-341 Meeting, I see nothing wrong.

Trustees also know that a job isn't a job, until you actually start working the job. This is why its moot to tell a Trustee that you're "expecting" to start work, when at a 341 Meeting.

[BKDefender]

Re: Notify trustee of job offer?

It doesn't really matter what happens after you file Chapter 7 because as soon as you file, with very little exceptions (e.g inheritance w/in 180 days), nothing that happens after you file affects whether you may or may not receive a discharge.

Chapter 13 is a completely different beast. Your ability to make monthly payments changes during the 3-5 year period so if your income increases then you pay more, if it decreases, you pay less. Chapter 7 - nothing changes.

--William

[ApresMoi]

It doesn't really matter what happens after you file Chapter 7 because as soon as you file, with very little exceptions (e.g inheritance w/in 180 days), nothing that happens after you file affects whether you may or may not receive a discharge.

Chapter 13 is a completely different beast. Your ability to make monthly payments changes during the 3-5 year period so if your income increases then you pay more, if it decreases, you pay less. Chapter 7 - nothing changes.

--William

Well, what about if you find work after you file but BEFORE the Ch. 7's creditor meeting?

I quit using and paying the cards in November, so I'll be past 90 days as of mid-February. I should be ready to file in early March. I'm unemployed now, but I am pretty sure I will have some kind of work by the time a creditor's meeting rolls around, probably temp work (in this market).

During an attorney consultation, I asked about that, and he said a trustee isn't going to care unless I get a windfall (inheritance, win the lottery, etc.). I find that hard to believe, but that is what he said. Sounds like you agree with him?

Given the above scenario, is there any risk at all that a trustee at a creditor's meeting would ask me to redo Schedules I and J based on my new employment status? Will they ask if I am working at the creditor's meeting? Thank you.

It might have made more sense to file after my employment situation is stabilized, but I did not want to wait any longer because of worries about lawsuits or bank account seizures. I would rather get it over with.

[tigergem]

I think that if your attorney told you not to worry about it, that you shouldn't worry about it. That's the neat thing about having an attorney. They seem to make excellent stress relief toys. Plus, the guy you quoted is also an attorney. I would think hearing the same thing from two of those types would nearly have me convinced not to worry about it.

Of course, my attorney (which is ME) tells me to worry about everything. So I do.

Of course you want to answer any questions truthfully when you go to the 341, and definitely keep your attorney informed so he isn't surprised by anything you reveal there. So if you land a temp job, give your attorney a heads up and revisit the question. I think you'll be fine, though. My trustee made me amend my budget for a Chapter 13, but you have a 7... but even if he does make you amend the budgets, it's not that big of a deal. Just be sure to ALSO include any additional expenses related to your employment.

[ApresMoi]

Quite possible I am over thinking this. I am looking into what all I need to dig up, information-wise, for the filing, and it looks fairly straight forward.

I thought I'd ask again here (about employment) as a few things that particular attorney said during the free consult were a tad 'off'. The advice here is the best actually, because by the time everyone chimes in, you pretty much know the score. Can't thank everyone enough.

****************

I think that if your attorney told you not to worry about it, that you shouldn't worry about it. That's the neat thing about having an attorney. They seem to make excellent stress relief toys. Plus, the guy you quoted is also an attorney. I would think hearing the same thing from two of those types would nearly have me convinced not to worry about it.

Of course, my attorney (which is ME) tells me to worry about everything. So I do.

Of course you want to answer any questions truthfully when you go to the 341, and definitely keep your attorney informed so he isn't surprised by anything you reveal there. So if you land a temp job, give your attorney a heads up and revisit the question. I think you'll be fine, though. My trustee made me amend my budget for a Chapter 13, but you have a 7... but even if he does make you amend the budgets, it's not that big of a deal. Just be sure to ALSO include any additional expenses related to your employment.

[tigergem]

I over think a lot of stuff, too. It's an occupational hazard of being pro se I guess. I was kind of surprised that I had to amend my budget after my 341. That happened because the trustee questioned my relatively high cell bill. I told her (all proud of myself) that after I filed, I found a cheaper cell phone plan. So she made me amend the budget. So when I did that, I also got to include the changes for my health insurance premium going up, and that pretty much offset whatever savings I had made in the cell bill. The over all change to my budget was less than $5/month. I thought it was pretty funny. Kind of a painless, really, but the whole time, I was thinking... good grief... how petty is this? Am I going to have to do this every other month, just to keep my trustee informed? lol! There is language in my order of confirmation that says I have to report within 30 days if I get a job. So that is a given. I *do* have to worry about it. You, maybe, not so much. Sorry I don't know so much about the workings of a Chapter 7.

[ApresMoi]

I agree, that is incredibly petty to have to do all that for a net change of $5 per month. I'll go by what BK Defender says, which is that it's different for a Ch. 7.

*****

I over think a lot of stuff, too. It's an occupational hazard of being pro se I guess. I was kind of surprised that I had to amend my budget after my 341. That happened because the trustee questioned my relatively high cell bill. I told her (all proud of myself) that after I filed, I found a cheaper cell phone plan. So she made me amend the budget. So when I did that, I also got to include the changes for my health insurance premium going up, and that pretty much offset whatever savings I had made in the cell bill. The over all change to my budget was less than $5/month. I thought it was pretty funny. Kind of a painless, really, but the whole time, I was thinking... good grief... how petty is this? Am I going to have to do this every other month, just to keep my trustee informed? lol! There is language in my order of confirmation that says I have to report within 30 days if I get a job. So that is a given. I *do* have to worry about it. You, maybe, not so much. Sorry I don't know so much about the workings of a Chapter 7.