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    New job after continued 341?

    Hi All,
    Hoping you can shed some light on what I should do. At the 341 on April 12, the Trustee asked for some documents - we have collected them and are sending today. Since the 341, one of my freelance jobs is on hold, perhaps permanently - the editor who hired me left the company; this was 2 weeks ago. I just now got a call from my regular freelance job - they want to hire me at a very good rate (80$/hr) for an extra 4 hrs/day, until at least June. Currently I get from them $100/day for 4 hours of work so this is quite an opportunity! There was also talk about perhaps a full time position when and if the hiring freeze is lifted. As you can imagine, if I had known stuff like this was going to happen, I would never have filed! Now I'm scared to accept the offer in case it pushes me to chapter 13. Is that likely under totality of circumstances? Do I have an obligation to tell the trustee? The 4-hours-a-day won't start until at least next week, and I'll be almost a month after 341. My lawyer says Trustee will likely not ask me to come to continued meeting when she gets the documents.
    I've read on these boards conflicting information -- what you earn after filing is yours vs totality of circumstances. Still, I don't see how I could fund chapter 13 since I can't anticipate how long I will have this position...

    #2
    GAfiler bankruptcy is a snapshot of your financial status at the moment you filed (actually, from the day before you filed and past). I would not worry about getting or accepting a job now.

    What you have read is not conflicting. It is true, for a Chapter 7, that everything after you file, with the exception of inheritances and proceeds from a divorce, is yours. In some very nuanced cases, a Debtor filed Chapter 7, but they had already accepted AND started a job before filing (or very very shortly after filing). Since the Means Test looks back 6 months beofre the month in which you filed, some debtors may have abused this window in order to sneak under the line. In those cases, where the debtor certainly has a new job before filing and/or before the 341 Meeting, this "may" create a situation where the Trustee will look at the "totality of circumstances".

    I will say that $80/hr for 4 hours a day is only $1,600 a week (5 days). Alas, it's temporary as well. I don't think a Trustee would say this rises to an issue as a totality of circumstances would warrant. I would see if they hired you full time with a full job offer, then it could be on the borderline, but most Trustees don't care what happens after the 341 Meeting.

    Your lawyer will guide you. I don't think there's a need to tell the Trustee unless you have (or become entitled to) an inheritance or proceeds form a divorce within 180 days of filing.

    Relax and listen to your attorney.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Thank you, justbroke!

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