Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Quittting my Job?

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  • Quittting my Job?

    I am currently on medical leave but my work will not hold my position for too much longer. I want to just go ahead and resign vs getting fired. Will that be a problem for the trustee?

    Thanks... This forum has been a godsend for me and my husband..

  • #2
    I don't know about the trustee, but in AZ the one time I tried to apply for unemployment, after paying into it my whole life, I was denied.


    Because I quit that God awful job to try and salvage my sanity.

    If I would have just quit going in they would have fired me and I would have collected unemployment. It's not like I could count on a good reference from those boobs anyway.

    Just some food for thought.

    Good Luck!
    Filed CH 7 - 5/21/10, 341 Meeting - 7/9/10, Report of no distribution - 7/12/10
    Last day to object - 9/7/10
    Discharged - 9/14/10
    Closed - 9/21/10


    • #3
      In order to qualify for Chapter 7 I can NOT have an income. This is why I took a medial leave in the first place. I have been off for 4 months now and I dont think my work will hold my position for too much longer. I would rather resign than get fired, that way maybe someday I could go back to work there. In the mean time I am not sure if quitting will affect our Bankruptcy Application? Can we be denied because I quit my job? My husband and I are trying to get pregnant right now (which is part of why I had to take a leave). Our Paralegal is a hot mess and we don't trust anything she says. She said that it doesn't mater if one quits or gets fired as far as filing for Bankruptcy..

      Thanks Everyone


      • #4

        I know I'm not answering your questions directly, but I do have one other thing to impart on you based on your reply.

        If you took medical leave and expect to get fired you might want to familiarize yourself with the FLMA (Family Leave and Medical Act). I cannot remember the particulars, but this act may interfere with them firing you anyway.

        Good Luck.
        Filed CH 7 - 5/21/10, 341 Meeting - 7/9/10, Report of no distribution - 7/12/10
        Last day to object - 9/7/10
        Discharged - 9/14/10
        Closed - 9/21/10


        • #5
          I don't think they even ask that question, sac42375. Not on the forms anywhere, certainly not, and not at the 341 meeting either, not to my knowledge.


          • #6
            what do you mean by "paralegal is a hot mess" what about the attorney they work for? Can you get past this hot mess and get a real answer you can believe in?

            If your work likes you, but you need to have the job be gone to qualify for chap 7, you might be able to get them to lay you off, so their internal paperwork says you are rehirable. Rather than making them fire you, vs a voluntary quit (assuming that a voluntary quit were a bad option - it may be OK, after all.)
            Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011


            • #7
              I just had my 341 the other day. I haven't been employed since October of 2009. The trustee did ask me why I wasn't working anymore. My facility was closed hence I lost my job. I have no idea if the reason mattered or not. I can only say that I was asked. I am in Arizona, if that matters.


              • #8
                Nothing in the bk code says you must be employed.
                You'll not be the first on this site who quit a job or turned down OT to keep there income down.
                If you're asked, don't say something like, "you need your income to be zero".
                Just say you took a medical leave and there was a limit as to how long your company could hold your job and you resigned to make it look better for reaume purposes should you be able to rejoin the workforce in the future.


                • #9
                  Filing bankruptcy will not solve all your other problems...i.e., cash flow issues, lack of income, etc. Your employer will not do anything illegal to work with you to keep your employment. Your medical leave agreement should give you a time by which you need to return to work or your employer can let you go if you don't return and hire someone to take your position. You should have a copy of the paperwork you signed for your leave - now is the time to review it. As to whether or not you not returning to work would affect your BK appears you have retained an attorney who should know your financial situation - contact him/her directly and ask.
                  Filed 5 Year Chapter 13: April 2002
                  Early Buy-Out: April 2006
                  Discharge: August 2006

                  "A credit card is a snake in your pocket"


                  • #10
                    Last edited by AngelinaCat; 05-26-2010, 11:04 PM.
                    "To go bravely forward is to invite a miracle."

                    "Worry is the darkroom where negatives are formed."


                    • #11
                      Thanks for all the advice! StartinOver, luckily we ended up qualifying for Chapter 7 and now have a different paralegal. The Chapter 13 paralegal made soo many mistakes with our case. On our forms she listed us as having 3 children, when we have none.. and I miracously now have a 41,000 401K, when I have none.. I could go on and on... As for the unemployment, I was laid off 3 weeks ago , we filed last week. Would it be okay to file for unemployment since we have already filed or should we wait until the 341 meeting is over first?


                      • #12
                        Originally posted by sac42375 View Post
                        I am currently on medical leave but my work will not hold my position for too much longer. I want to just go ahead and resign vs getting fired. Will that be a problem for the trustee?

                        Thanks... This forum has been a godsend for me and my husband..
                        going on medical leave or quitting your job just to qualify for BK in this economy is suicidal
                        plenty of peope want a job but can't find one
                        Filed chapter 7 on 9/17 341 on 10/20
                        Chapter 7 Trustee's Report of No Distribution on 10/21
                        Discharged and Case Closed on 12/21/2010


                        • #13
                          Not necessarily a suiced for me. I am a liscensed Medical Lab Technician and I know there are definately more opportunities to find work in my field than there are in a lot of others, and since my husband is a fireman we have great insurance through his work. Thank God... I am hopeful my boss might take me back when this is all done, and if not there are plenty of other hospitals in the area where I could probably find work. It was definately a risk we thought was worth taking. I just want to apply for unemployment now but I think we have to wait until after 341 meeting is over? Or is just filing good enough?


                          • #14
                            agree with the other poster - if FMLA is available to you (is there over 50 employees in your workplace? if so.. FMLA should apply) - then put it to use and get your 12 weeks. That way your job is secure - although it may not be the exact same position you have now, but they must guarantee you a job upon your return at the same pay you were.

                            Dont throw away your job - jobs are hard enough to find.


                            • #15
                              FYI - the original post is old. See the update from 8/3.

                              I'm not sure when it is 'safe' to apply for U/C. But I see potential issues at the 341, should the trustee ask about how your last job ended and why you are not now drawing U/C. Remember, paystubs & tax returns are filed with the petition. It will be obvious that you recently stopped working...
                              Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
                              (In the 'planning' stage, to file ch. 13 if/when we have to.)


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