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    I have a question regarding making a new job change right before a BK13 confirmation or right after. My confirmation date is set for June 21st.

    If I took a new job where I would be making a lateral move on the pay scale (as in making the same amount of money) or perhaps where I made $2k-$5K less in the base salary but overtime would make up the difference in the small base loss, would I need to report the new employment to the trustee or have to amend the plan again to report this change?

    If the yearly salary amount doesn't technically change significantly (as in the 10% rule), truly would they make us go through the hassle of amending the plan again esp if the same amount of money is coming in and the same amount of expenses are going out?

    #2
    Originally posted by kinnari416 View Post
    I have a question regarding making a new job change right before a BK13 confirmation or right after. My confirmation date is set for June 21st.

    If I took a new job where I would be making a lateral move on the pay scale (as in making the same amount of money) or perhaps where I made $2k-$5K less in the base salary but overtime would make up the difference in the small base loss, would I need to report the new employment to the trustee or have to amend the plan again to report this change?

    If the yearly salary amount doesn't technically change significantly (as in the 10% rule), truly would they make us go through the hassle of amending the plan again esp if the same amount of money is coming in and the same amount of expenses are going out?
    If it is as you say with no increase in income (watch out for that 10% rule, I've never seen it written down anywhere...) then I wouldn't worry about it. Just make sure your attorney knows about the job change. Also, if your payment is sent in by your employer than a new withholding order will have to be taken care of by your attorney.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #3
      Newbie

      So if I change employers, but the salary doesn't change, obviously I have to let my attorney know... BUT does that mean that my attorney will need to amend my entire paperwork again for the courts if I am not confirmed yet and I make a switch in employment?

      I ask because I've had to amend my paperwork a multitude of times to the point where my attorney is actually losing money on my case from all the paperwork she's had to mail out to the creditors each time we amend. The past amendments were necessary though due to a change in numbers in the schedules.

      Should I just call my trustee and find out what my attorney or I truly need to do if just the place of employment changes but not the yearly salary amount? Currently I am the one who sends in payment so I do not need to do any additional paperwork for my employer to send out the funds to the trustee.

      Also pls keep in mind that I am not confirmed yet. The confirmation date is June 21st and I'd love more than anything to get confirmed instead of getting pushed back again just for an employment change and not a salary change.

      Thoughts?

      Comment


        #4
        Originally posted by kinnari416 View Post
        Newbie

        So if I change employers, but the salary doesn't change, obviously I have to let my attorney know... BUT does that mean that my attorney will need to amend my entire paperwork again for the courts if I am not confirmed yet and I make a switch in employment?

        I ask because I've had to amend my paperwork a multitude of times to the point where my attorney is actually losing money on my case from all the paperwork she's had to mail out to the creditors each time we amend. The past amendments were necessary though due to a change in numbers in the schedules.

        Should I just call my trustee and find out what my attorney or I truly need to do if just the place of employment changes but not the yearly salary amount? Currently I am the one who sends in payment so I do not need to do any additional paperwork for my employer to send out the funds to the trustee.

        Also pls keep in mind that I am not confirmed yet. The confirmation date is June 21st and I'd love more than anything to get confirmed instead of getting pushed back again just for an employment change and not a salary change.

        Thoughts?
        I would leave it up to my attorney to do what is expected / required in your district. I would think though that since your salary isn't changing it would be that he would merely have to note your change of employer and perhaps bring an updated pay stub to your attorney. I know it's a pain to amend the schedules but it happens. (Ours were amended 4 times)
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

        Comment


          #5
          Thanks Newbie. That's what I was afraid... having to amend everything again. My attorney said that if I amend again, she will require another $2500 because of how much paperwork and time is involved.

          Comment


            #6
            Originally posted by kinnari416 View Post
            Thanks Newbie. That's what I was afraid... having to amend everything again. My attorney said that if I amend again, she will require another $2500 because of how much paperwork and time is involved.
            $2500??? That's outrageous. I'm so sorry that you seem to be stuck with this attorney.
            Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
            I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

            Comment


              #7
              Like I said, she's amended so many times and each time she does, the mailings, copies and servicing add up to about $100+ each time...AND the judge is now asking her to write a brief re: my house that's underwater in CA that I'm trying to give back to the bank ... so she's put in a LOT of hours beyond the initial $2500 I gave her. This brief, I will say, could potentially change the BK rulings for folks who are trying to give primary homes back with full satisfaction of the loan (in my case I had to relocate for a job, hence leaving behind my primary residence and having to rent it out in a bad market. Not only was I not be able to rent it out, it sat on the market waiting for a short sale for over a year while Chase mortgage just SAT on the paperwork and did nothing after getting 4 different, solid offers). I don't begrudge her as I feel she's been a terrific attorney. If I had to scrap up $2500 again, I'll do it BUT I would need to make sure with her that it gets confirmed asap and not be pushed off again. A lot can happen in 5 years so it wouldn't surprise me if there is another amendment of some sort down the line even after the confirmation.

              At the rate that I'm going, my five years will be up by the time I'm confirmed!

              Comment

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