Change Job in BK

[Michigan42]

I was wondering how changing jobs would effect my ch 13 bk?
I have a chance to change jobs & get a lot closer to home
, but it will be for less $$$ for awhile. Currently I have my
payment deducted from bank acct on a certain day. If I change
jobs, can I somehow suspend the payments until the $$$
starts rolling in again (1/2 mos)?

[rrockinggramma]

In Michigan, especially in the Eastern District, the trustee's get upset when you get more than 1 month behind. But is it possible to cover this payment somehow someway knowing that you have the opportunity here to plan ahead for this job change? Since it is auto deducted, it is a lot of hassle to stop it, even if only for a 2 week period.

[UpsideDownMI]

I think you will have a hard time getting the court to approve delaying payments if you voluntarily decide to work for a new employer for less salary than what you currently make. If you lost your job and found a new one for less salary that would be another story.

I understand your wanting to work closer to home, as I used to have long commutes myself. Just make sure you can find a way to make your bk payment if you do switch employers, so that you do not risk having your case dismissed.

[Flamingo]

Voluntarily changing jobs during a Chapter 13 for less pay and also not making payments due to that can line you up for a dismissal. Before you make any further moves, I suggest you direct your questions listed here directly to your Chapter 13 attorney.

[BuckeyeGuy13]

Really? So if I'm in a high paying, stressful job making a high salary and I want to change jobs to a lower paying, less stressful position, my plan can be dismissed? In all of the research I did leading up to my 13, I didn't find anything that said I would be forced to stay in my current job for the duration of the plan.

If this is the case, it truly sucks that someone could be forced to have a long commute, long hours, high stress, just to stay in their plan. Of course, I'm not saying to quit entirely or anything like that, but if an opportunity came up where I could swap out my 60 hour/week, high stress job for 80% of the pay, I would take it. I guess not now.

[woeisme]

no one can "force" you to stay at a job. but the point is whether or not you are acting in "good faith". if the trustee doesn't think your job change is in good faith, that you are doing it just to avoid paying creditors, then could dismiss case due to that, not due to job change. if you could give reasonable explanation for change, and in this case the filer probably could, then probably won't get dismissed unless he/she has a real tool of a trustee. but could it make life in the CH 13 sticky while everything gets sorted out? of course! but changes in life circumstances do occur, and trustees will deal with it, just involves extra paperwork and an attorney willing to put in the time to take care of you. the judge has the final word, not the trustee, so even if the trustee kicks on it, you can still have your day in court, but just trying to give the OP an idea that it could take some effort to get it to go through.

[BuckeyeGuy13]

OK, that makes a bit more sense now that I see the angle of "good faith." Honestly, I wasn't even looking at the OP's situation - or mine - as an attempt to pay less to creditors as much as a change in jobs for other reasons, i.e. commute, stress, well being, etc.

For what it's worth, part of the reason I'm even in this position is because I needed to keep making more to pay my ever increasing bills! Now that I've filed and realize that I'd rather work to live than live to work, I've been knocking around the idea of finding something less stressful and more fulfilling. But, I see your point and will obviously consult with counsel before I do anything.

Thanks.

[woeisme]

BuckeyeGuy, are you in Ohio? I'm in the southern district, and have found our CH 13 trustee to be quite reasonable about stuff like this. Sounds like trustee in Michigan is a real potato-head, would rather let a debtor dismiss than find ways to get the 13 to work, but we had a job loss/change in income and our trustee allowed us to 1st defer payments for 3 months while we tried to sort out if $loss would be permanent, then once we discovered it was, allowed us to change plan payments to take this into account with no problem.

[BuckeyeGuy13]

I am indeed, same district, too. That's reassuring to hear about the trustee. From all that I've seen and read from his office, I got that impression, too. But, I'm glad to hear from someone with personal experience in the same area.

I didn't mean to hijack the thread, but this is actually something that I have been considering for a couple of months now.

Thanks for the help!