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Filed BK 13 and then getting an ADDITIONAL job

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    Filed BK 13 and then getting an ADDITIONAL job

    Filed BK 13 a few months ago and trying very hard to build an emergency fund to be able to deal with car/house/other emergency issues. I'm not getting much traction. I work full time as a software developer and make decent money but my BK payments pretty much prevent me from saving much cash. Recently, I was offered another software job that pays almost as much money as my current job. My current job is a remote position and this new job is remote as well. I'm pretty sure I can work BOTH jobs for a few months and be able to build an emergency fund so I can have SOME peace of mind. It will be difficult but I can swing it for 2-3 months but not as a permanent thing. My question is am I going to get penalized for this once BK Trustee reviews my tax return early next year. Will they raise my BK Payment because I took on additional temporary work to help my financial situation? I think if the additional income was due to a raise/bonus at my current job the clear answer is that it likely would. But, in my case, I am working an additional 35-40 hours a week over the 40 hours a week I'm already putting in. I've googled this and haven't seen a similar scenario. I don't want to work myself into an early grave if they are just going to take any extra money I earn from me. Note that I am NOT in a 100% plan. Thanks for any responses.​
    Last edited by Jovick; 09-24-2023, 08:13 AM.

    #2
    Welcome to overemployment. Depends on your district most likely. I got away with exactly what you are doing with no increases, but my district/trustee were very hands off after my confirmation. Never asked for tax returns or anything during my entire case. I was also not in a 100% plan. Shoot your lawyer an e-mail.

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      #3
      This varies by district; my Trustee required all five of my tax returns during my bankruptcy, and when one of them indicated a return of greater than $1,250, the trustee demanded the surplus.
      Chapter 13 (not 100%):
      • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank cum Bank of Southern California
      • Filed: 26-Feb-2015
      • MoC: 01-Mar-2015
      • 1st Payment (posted): 23-Mar-2015
      • 60th Payment (posted): 07-Feb-2020
      • Discharged: 04-Mar-2020
      • Closed: 23-Jun-2020

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        #4
        Definitely, run it past your attorney. If it's temporary hopefully that makes a difference. I have read here about people having to put extra money they earn or otherwise receive into the BK when it's under 100%. Your attorney will know better than anyone what the trustee might do or what the law requires. Make sure he knows it temporary because that might prevent the payment from increasing, but you may still have to pay an additional amount. Whenever I had questions I went to the attorney and it might depend on the amount of money you are making extra.

        I have two jobs and had them both when we filed although the second was "as needed" they still calculated it into our payment even though it was unpredictable amount.
        I am not an expert. I share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

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