Oh boy... Now I got a job offer...

[sf2007]

After 1 year of struggling without decent paying job but still keeping up with my credit cards payments, I decided to go Ch 7 in 3-4 months or so.
All of a sudden I got a job offer for $60K a year, the job will start on February. I wish I could get it earlier, I have 75K unsecured debt now.
My income during the last half year is close to nothing. At the moment I am way below median income for my state(~46K). I have no assets. I live in the expensive area, I'm sure I still won't be able to pay my debt in 5 years.
I'm going to accept the offer, I'm happy that I finally I got a good job. If I work couple of months, then file, will Ch 7 work? I still will be way below the state median. Will trustee try to push me to Ch 13 because I was making a decent money at the moment of filing?

Thanks

[JollyGG]

What is keeping you from filing this month?

[kl030505]

funny, we just asked almost the same question!

[sf2007]

What is keeping you from filing this month?

I made a $3.5K balance transfer to my checking account in August 2007, so I could pay my rent.
Made several purchases(all below $100) on Christmas to get some new clothes to wear them on job interviews. Rented a car several times. No luxure stuff for sure.

[sf2007]

funny, we just asked almost the same question!

Yep, I wouldn't ask mine if I saw yours.

[JollyGG]

The balance transfer is now out of the 90 day window and the credit card usage is for necessities.

At least talk to your lawyer about wha risks you face by filing before you start the job and what risks you face by waiting until after the new job starts.

Then you can make the best decision fully armed with the pros and cons.

[sf2007]

The balance transfer is now out of the 90 day window and the credit card usage is for necessities.

At least talk to your lawyer about wha risks you face by filing before you start the job and what risks you face by waiting until after the new job starts.

Then you can make the best decision fully armed with the pros and cons.

Thanks Jolly. I will do that.

[rrockinggramma]

boy file now and get it done. Then you will really have a fresh start. GL

[texas99]

does he have to report on the new job and income?

[magyar123]

File before starting the new job. Right now you are still officially unemployed, and as you stated well below the median income. Try to convince your new employer to start you out after your 341 hearing, because I'm quite certain that at the hearing the trustee will ask you where and if you are working. If he/she asks you if you have any job prospects just shrug your shoulder.

[sf2007]

File before starting the new job. Right now you are still officially unemployed, and as you stated well below the median income. Try to convince your new employer to start you out after your 341 hearing, because I'm quite certain that at the hearing the trustee will ask you where and if you are working. If he/she asks you if you have any job prospects just shrug your shoulder.

Thanks, magyar. I'm not unemployed. I'm independent contractor, my business was very slow during last 6 months. I know from this forum that this is another reason to be more careful.

It's still unclear what may happen if you file Ch7 when you are

1. Below the median at the moment of filing

AND

2. Recently(2-3 months ago, for example) started a job that in the next 6 months pays more than median income.

Any thoughts on that?

Thanks.

[CindyLou]

Technically is it only based on the prior six months. AND if you file before you start then all of your paperwork will reflect your CURRENT job. The only way anyone would even know about your new job is if they ask at the 341. I guess the trustee could try to force you into 13, but unless its something done in your district then they will usually go by your situation the day you file. This is the info. that was told to my brother before he filed.

Lo and behold he waiting 2 weeks too long and was forced into a 100% payback 13!!!! His attorney told him that if he had filed on time, before his 6 months income went over the median that he wouldn't have had to do a 13 even with his new job.

Honestly, wouldn't you rather risk having to pay back that 3K (which is not probable to happen given the time frame) than risk losing a chapter 7? Run, don't want to a BK attorney and file before you start your job!!!! My brother wishes he would have done that every month when he writes that 800.00 check!!!

[CindyLou]

You, know I got to thinking about the new job thing....hmmm...you might want to run it by an attorney if it could cause a 13..I'm second guessing myself.

BUT regardless I think you should still file ASAP!!!

[sf2007]

You, know I got to thinking about the new job thing....hmmm...you might want to run it by an attorney if it could cause a 13..I'm second guessing myself.

BUT regardless I think you should still file ASAP!!!

Cindy, thanks a lot for your help! I appreciate it very much!!!
Yes, if I decide to go this route I will definitely hire an attorney.