is it ok to return to work before discharge ?

[nc73]

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.

There she goes again...even though she's cheating the system her self.

[nc73]

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.

pfft it's only cheating if you get caught...wait thought i said that before...

[lrprn]

Ok, everyone....differing opinions are clearly stated and there's no more to be said. Let's agree to disagree and get back to our real purpose....helping each other figure out the craziness of bankruptcy. 'Nuf said.

[ttt]

RECENT CASES: Feb. 6. 2007

BAPCPA MADE IT EASIER TO WEED OUT BAD FAITH CHAPTER 7 DEBTORS BY CHANGING "SUBSTANTIAL ABUSE" TO "ABUSE"

CHAPTER 7 DEBTOR WHO FAILED TO AGGRESSIVELY SEEK EMPLOYEMENT PREPETITION WOULD HAVE CASE DISMISSED FOR "ABUSE" BASED ON "TOTALITY OF CIRCUMSTANCES" TEST

CASE MAY BE DISMISSED ON "ABUSE" GROUNDS OTHER THAN "PRESUMED ABUSE" BASED ON FAILURE TO PASS THE MEANS TEST

The court observed: " ... this Court concludes that a debtor who lacks the ability to pay because she has not engaged in a broad employment search, does not wish to work outside her chosen field, does not wish to work within her chosen field outside of southeastern Wisconsin, and takes this position at the expense of her creditors, abuses the provisions of Chapter 7 ..."

The court held, "The court concludes that it must look at the debtor's ability to pay her creditors at the time of the hearing on the motion to dismiss." " . . . it must delve further and find out why the debtor does not have the ability to pay. Finally, the Court concludes that if the debtor's inability to pay creditors is self-imposed, it may consider this fact ... in terms of the totality of the circumstances ..."

In re Richie, 353 B.R. 569 (Bkrtcy.E.D.Wis. 2006). Jeffrey A. Reitz, New Berlin, WI, for debtor. Pamela Pepper, Bankruptcy Judge.
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[rilbrianne]

Ok, everyone....differing opinions are clearly stated and there's no more to be said. Let's agree to disagree and get back to our real purpose....helping each other figure out the craziness of bankruptcy. 'Nuf said.

I agree. I'm the one who started this with my questioning if it was cheating or not but I didn't mean to start a big argument. Can we please move on?

[tadbitconfused]

I recently filed chapter 7 and not working I directly asked my lawyer about returning to work.. He said that if the trustee asks me don't act to eager because they will wonder why I hadn't gone back sooner... I lost my job in March and also lost our house along with the MAJOR tax write off. So we had to adjust our with holdings. I can understand your feeling of frustration and "hunger" but it will be worth the wait!