New job after filing but before 341

[seekfreedom]

So I was all ready to file a chapter 7. I spoke with an attorney and was told I would have no problem qualifying. Then, as luck would have it, I get a new job offer that pays quite a bit more money than what I'm making now. This is great news. But the pay increase means I would likely end up in a chapter 13. My minimum payments on credit cards, if I were to try to avoid bankruptcy, would really be more than I could afford to pay.

The new job starts on March 15th. First paycheck March 30th. If I file in the beginning of March, is it possible to still get approved for a chapter 7? I'm assuming my 341 would be early April. I would have sent in all of my paystubs for the past 6 mos.

Before anybody tries to judge me, the fact of the matter is, yes, I am trying to beat the system and get the chapter 7 and start with a clean slate. I have busted my butt for the past few years working countless overtime and living paycheck to paycheck and I am tired. I will be giving up my house which is 5 months past due. I am happy that I got a new job but if I don't get a chapter 7, I'm right back in the same boat where I was last year. Paycheck to paycheck. (I lost my husband's income after our divorce last year, which is how I get into this mess). So back to my original question, if I start the new job after filing but before the 341, should I be okay?

[justbroke]

No judging here... but here are the facts.

You will be asked at your 341 Meeting if your job changed or you found work. You would answer "yes". The next question is when did you start? Then you answer... "before I filed", or even "just after filing". If the new job puts you over the median, you should expect that the Office of the United States Trustee (OUST) is going to file a Motion to Dismiss by reason of the "totality of circumstances". There is a reason why they ask for "changed" circumstances at the 341 Meeting. There are a number -- not large, but a number -- of Debtors who time their filing just to take advantage of the Chapter 7 discharge. This is highly discouraged and punishable by a dismissal.

Besides, if you're giving up your home as well, whether you'll still have negative disposable monthly income is questionable.