Ch 13 to Ch 7 conversion

[JellyBeany]

Howdy. I filed Ch13 in Dec 2020. I have made my monthly payments in full and on time every month since then. The Trustee granted us a hiatus for August and September, so we got a 2-month break from the monthly Trustee payment.

My high-earning spouse lost his job in June.

As of Oct 1 we will be below-median for the 6-month look-back period. My hope is to convert my Ch13 to Ch7.

My spouse is actively looking for work and has had a few interviews but no offers as of yet.

My main questions revolved around the timing of him getting a new job. If he gets a job offer after the date of filing but before the 341 meeting, will that derail the Ch7? What if a job offer comes AFTER 341 but BEFORE discharge?

Thanks.

[justbroke]

My main questions revolved around the timing of him getting a new job. If he gets a job offer after the date of filing but before the 341 meeting, will that derail the Ch7? What if a job offer comes AFTER 341 but BEFORE discharge?

There's no way to tell how the United States Trustee (UST) will act. That would fall under a totality of circumstances exception. I can say that most of the time, the UST doesn't care about things that happen after the 341 Meeting (or after filing in most cases). Whether or not they'd be interested, since it will be a converted case, makes this more an interesting question.

The difficulty will be if there is a change in circumstances before the 341 Meeting and you are asked if your income changed. That could pose some issues if the job has started. If it's just a job offer and the job has not started, the question becomes whether an offer of a job is actually a job. Some on here, BKForum, believe that a job offer is not a job. I would work on this, and how to answer that question, with my Chapter 13/Chapter 7 attorney.