is it ok to return to work before discharge ?

[WantToBeDebtFre]

I agree. Quitting your job to qualify for bankruptcy seems crazy to me. If you don't qualify it's because you can afford to pay some of your debts back. The system seems to actually work that way for a reason.

I took my new job offer and if I get pushed into a Chapter 13 because of it then that’s what I have to do. I’m not going to turn down work just to qualify for a Chap 7. Do I hope it stays Chapter 7, of course. But I’m not going to try to “work the system”. That’s way too risky in my opinion.

[PaKettle]

Thank you for this clarification. That's what I thought the case was, but I'm glad you confirmed it for us and especially for the op.

its not cheating!!!!! there will be not "getting caught" there is not law that tell anyone they have to work! Which law tell you that you have to go to work everyday? This is a free country, honey! If you don't want to work, then quit your job and file chapter 7. You are free to do that. Its not a scandal. its not a cheat. its a legitamate financial decision that is made frequently by debtors when trying to choose which chapter.

As far as when you can work again. I would be actively interviewing and on the question that asks when you are availabe I would put approx. a week after your 341 just to give you some time to get everything wrapped up and finished in case they requested any additional forms, etc. If you are asked if your financial situation has changed you can say "no" Until you walk into a new job and punch that clock the first day, its only a possibiilty. Period. They can offer you can accept, but until you actually start, no don't work there. You have to pass drug screens and background checks, etc etc, so I woudn't say ANYTHING at the 341 even if you have been offered and accepted. If you get offered close to the 341 then don't accept until after. Just keep it simple. Until you start you don't have the job. Until you get a check your financial situation hasn't changed. If they ask if you forsee you situation changing you can say, "well we all hope that our finanaical situation will change for the better and I will keep reaching for improvement."
Good luck

[rilbrianne]

Yep, lol, I guess we can all sit down on our behinds and let the world work for us.

Uh, yeeeeaaah.

[stopthebleeding]

Or we can all go to work and let our kids raise themselves because in this economy you need to a lot to make it let alone pay off creditors.

[CindyLou]

I didn't say I agree or disagree or that I thinks its a wonderful idea or a horrible idea. I just said its not cheating. Its a perfectly legal choice to make. Anyone is free to quit working at anytime and then start back at anytime and the fact is your BK is based on a snap shot of the last 6 months before you file. I didn't make the rules and I was not giving my opinion on whether I think its right or wrong morally. I am still not giving my opinion either way. I was just giving the fact. Just that it is not cheating the BK system.

[alicias108]

This question interests me. So..if I file in December of this year, my trustee may take all of my tax return? So..in essence..should I wait till the beginning of the year to file to insure I get my refund? Or am I reading this wrong?

[alicias108]

Just my two cents...

But..I don't think it's a matter of it being legally incorrect, but quitting your job just to file chapter 7 is morally and ethically corrupt! People like that are why we have such strict bankruptcy laws as it is. If it is not questioned by the trustee..I certainly think it should be!!!! If you can pay your debts, even just pennies on the dollar, pay them! I think it's the right thing to do.

[jp2861]

This question interests me. So..if I file in December of this year, my trustee may take all of my tax return? So..in essence..should I wait till the beginning of the year to file to insure I get my refund? Or am I reading this wrong?

That sounds like you're gaming the system. That's no different than the guy quitting his job to file. Even if your tax return is "pennies on the dollar" I think it should go to your creditors.

[alicias108]

jp..true. I was simply wondering how it worked. I just hadn't heard of this before. Honestly, I don't think I would get enough back for the trustee to even worry about. I haven't heard of this district doing it, but it's definitly a question I'll have to ask my attorney. I was actually going to use my tax refund to buy a much needed old car with cash. It's a topic I just hadn't thought of before.

[jp2861]

jp..true. I was simply wondering how it worked. I just hadn't heard of this before. Honestly, I don't think I would get enough back for the trustee to even worry about. I haven't heard of this district doing it, but it's definitly a question I'll have to ask my attorney. I was actually going to use my tax refund to buy a much needed old car with cash. It's a topic I just hadn't thought of before.

LOL I was being sarcastic after your judgemental comment about being morally and ethically correct about the guy quitting his job. If the system allows this guy to quit, so be it. Just like if the system allows you to wait a month to preserve the tax check, so be it. Personally, after reading all the horror stories about games banks and lenders play I don't feel any moral or ethical responsibilities to them. When the banking community starts playing fair then maybe I will have a different outlook.

[chpxiii]

LOL I was being sarcastic after your judgemental comment about being morally and ethically correct about the guy quitting his job. If the system allows this guy to quit, so be it. Just like if the system allows you to wait a month to preserve the tax check, so be it. Personally, after reading all the horror stories about games banks and lenders play I don't feel any moral or ethical responsibilities to them. When the banking community starts playing fair then maybe I will have a different outlook.

Agreed.

I used to make it about me having filed chpt. 13. When I've been laid off so many times ("It's just business.") without regard for *my* personal well being etc. I said f@ck it and I have no problems with having filed chpt. 13. Especially when they're legalized mobsters and loan shark. When I've tried to negotiate I was essentially told, "F@ck you, where's my money?" But it was said more like, "I'm sorry, we can't do that. You need to pay us now."

[keepmine]

This question interests me. So..if I file in December of this year, my trustee may take all of my tax return? So..in essence..should I wait till the beginning of the year to file to insure I get my refund? Or am I reading this wrong?

You're reading it way wrong.
If you wish to keep your refund, don't file bk until you have actually spent the refund. And, keep good records of where it went in case the trustee asks about it.
If you file bk before you get the refund, if the trustee wants it, they'll not close your case until they recieve it.
The others are right-we didn't make the rules or write the law. We just act in a manner that reflects our best interest.

[JollyGG]

This question interests me. So..if I file in December of this year, my trustee may take all of my tax return? So..in essence..should I wait till the beginning of the year to file to insure I get my refund? Or am I reading this wrong?

The best response to this question is Ask your lawyer.

Some trustee's are in the habit of taking returns, some aren't, some states have generous enough exemptions to cover returns, some don't.
We filed in October '06. Our trustee was one that takes returns. We were actually able to cover all but around 300 with our exemptions. We hoped that the remaining 300 wouldn't be worth the effort. But it was and we lost that money. But we were able to exempt over 2000 that we used to buy a older vehicle, in good shape for cash.

As to the original OP. I also will not make any comment on the ethical issues of this decision. It was this person's decision not mine.
I would think you would probably be safe returning to work after the first of the year. That way yoru 341 will be long over and your tax return wouldn't show a return to employement for the trustee to see should they decide they want to see your tax return.

[CindyLou]

I think we should all take a second and remember we aren't here to judge! We all come from different circumstances that require us to approach Bk from many different angles. Sitting here and arguing morality of is useless because without knowing all the details of another person's situation and judging the morality of their decision is simply just JUDGEMENT!! The OP asked a simple question in regard to what she should do in relation to following the law and doing what is legal. I do not think she was seeking nor deserved to be scolded for the way she approached and solved her problems within the letter of the law, whether you agree or not. Just my 2 cents.

[CindyLou]

You can be free, but nothing in America is free my dear. You still have to pay your debts and if you sneak around the laws of bankruptcy... I hate to say this, honey, but that's cheating.

By the way, I've never been without a job a day in my life since I was 16! I am a high income earner and pay my fair share of taxes. I am FREE to stop working any day I would like just like the next person, but of choose not to! I just wanted to clear that up. I am in no way look for a free ride nor have I taken one. But in this country, one can choose to stop working any time he/she would like and of course suffer the consequences of that decision.

I should however apologize for calling you honey, that was rude. I just get very upset when others begin to be judgemental of ther members of this forum. It is just not right when we do not know all of the facts.