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Substantial Raise After 341

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    Substantial Raise After 341

    I got a 25K promotion last week. After the initial celebration, I got paranoid. I was already right on the borderline with the Means Test. This puts me so far above that I figured my Chapter 7 was about to unfavorably dismissed. My lawyer congratulated me on the promotion and told me that my status on the filing date were all that mattered. Things are really looking up for 2009!

    #2
    Originally posted by Bell30656 View Post
    I got a 25K promotion last week. After the initial celebration, I got paranoid. I was already right on the borderline with the Means Test. This puts me so far above that I figured my Chapter 7 was about to unfavorably dismissed. My lawyer congratulated me on the promotion and told me that my status on the filing date were all that mattered. Things are really looking up for 2009!
    Doesn't affect your filing.

    Your filing is a snapshot in time, based on your situation... at the time you filed. You could win the lottery right after filing.
    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
      Congratulations! I got a 12k a year raise too with my transfer that is coming up in 2 weeks. Unfortunately, my expenses will be about $700 more a month in the new city than they are now but at least I'll still come out a little ahead and only have to work one job to do it!
      12/05/08 - filed pro se
      01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
      04/01/09 - new 341 scheduled
      6/02/09 - DISCHARGED!!!

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        #4
        hmmmm. at my 341, the trustee asked me if I was expecting any bonuses, and if so to let my atty know... are bonuses different?
        Filed: 11/25/08 - chp 7 no asset
        Discharged: 2/24/09 CLOSED 3/7/09!

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          #5
          Woo-hoo! Congratulations, what an awesome gift as you are getting your fresh start!
          BKForum Blog: The Journey

          sigpic

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            #6
            Originally posted by SubPrimeME View Post
            hmmmm. at my 341, the trustee asked me if I was expecting any bonuses, and if so to let my atty know... are bonuses different?
            They might consider a bonus as income "earned" during the previous year (or months). So they may argue that it was earned income prior to filing of the petition.

            I would argue that it is post petition income and not subject to the Trustee's supervision or control, unless it's a Chapter 13.
            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.

            Comment


              #7
              So at the 341 meeting what pay stubs do you show the trustee? The stubs 60 days prior to filing or 60 days prior to the 341 meeting?

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                #8
                Mine isn't a bonus but rather a promotion/raise. On the day of my 341, I had no idea that it was coming.

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                  #9
                  THis seems to happen to many people. My husb included. Funny, seems if our work was a little quicker with these damn raises- and a little more upfront about WHEN they are coming--we wouldn't be in this boat so much.


                  The lottery statement above- I don't know if that's right. Might want to check with an attorney or moderator at least.
                  Read the Blog: My Personal Experience With Bankruptcy

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                    #10
                    I just called my lawyer on the same subject!

                    I carried over 2 weeks of vacation over from 2008 (god bless my employer for allowing us to do that!) and she offered to let me cash some of those weeks in, so I cashed in 2 weeks (still have 5 weeks left).

                    My Laywer said the same thing..actually the paralegals exact words were "Chris! After the 341 you can start living your life again... go cash those checks"

                    Im going to put the money into a CD. My bank has this CD that you open with $250 and then can put $50-$100-$150 into it each month, making it grow, grow, and grow
                    Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
                    Discharged 4-17-09!!!
                    Reason for filing: Medical, NOT irresponsibility with credit.
                    "Sometimes you have to fall before you fly"

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