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Raise after filing?

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    Raise after filing?

    My husband is expecting a raise, but it likely won't happen til after the FILING. What happens if this raise comes between the filing and the 341? What happens if it comes between the 341 and the discharge? It may even include backpay. But he doesn't know how much or when for sure. So can we just say we're not sure?

    Does the court check up on you after bankruptcy? Will a large raise and backpay look suspicious if it happened to come soon after the filing?
    Read the Blog: My Personal Experience With Bankruptcy

    #2
    This is a good question! I am wondering the exact same thing. Hope someone knows the answer.

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      #3
      If the raise comes between the filing and the 341 a nosy, creditor friendly trustee might ask him if his financial situation has changed SINCE the date of filing. If not, this same nosy ,creditor friendly trustee might ask if his financial situation will change in the near future (whatever the hell "near" means.
      Don't really know if and to what extent he'll be investigated, spied upon after the 341.

      Comment


        #4
        Originally posted by magyar123 View Post
        If the raise comes between the filing and the 341 a nosy, creditor friendly trustee might ask him if his financial situation has changed SINCE the date of filing. If not, this same nosy ,creditor friendly trustee might ask if his financial situation will change in the near future (whatever the hell "near" means.
        Don't really know if and to what extent he'll be investigated, spied upon after the 341.
        We had a similar situation.

        When we filed, my husband was actually up for a promotion within the next few months. We found this out about a month after we filed.

        Our trustee DID ask us if our situation had changed and, at the time, it hadn't. She did NOT ask us if we "expected" it to change. Yes, my husband was up for a promotion, but nothing was "promised" or "written in stone". Had she asked, we would've said no.

        Good luck!
        Filed Chapter 7: 3-22-08
        341 Meeting: 5-15-08 It went great!!!
        Last day for objections: 7-14-08
        Discharged and Closed: 7-21-08

        Comment


          #5
          Here's my story:

          We signed everything in September and was told everything was getting filed. I found out a week later I got a big raise. I called the attorney and was told to just bring the paystubs with me and we'd sort it out at the 341. Another week goes by and I call back to get my case number. Turns out the attorney delayed filing due to the raise, and we ended up waiting until November to file to allow my check to "settle" down since I also had back pay on mine.

          All of that to say that, since you filed already, the best case is that you get a "normal" check in with the "big" check so they will see what the new income really is.

          Comment


            #6
            One of the standard trustee questions at a 341 hearing is "has your income changed or have your expenses changed since filing?". In that case, you have to be honest or you're committing perjury. Unless your income is above median or your case is under scrutiny for another reason, I think it's unlikely that a raise after your 341 hearing will cause problems.

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              #7
              I don't think you really have to worry about this. I think the trustees are looking for big inheritances, huge commissions, etc.

              A raise, after all, can be reversed. I don't think trustee is much worried about this. But if you inherit $100K on a parent's death, well that is something different.

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                #8
                My wife quit working right when we filed, and I got a second job. Trustee never asked if OUR income situation had changed, merely if my wife had started working again. Thanks to some coaching from our Attorney I didn't offer any info she didn't specifically ask for. Our atty knew she probably wouldn't even ask me since I've been with my main job for over 8 yrs.

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