Back to work right before filing

[bankruptsee]

So I start a new job tomorrow after being laid off for months. Wife and I have a meeting with our lawyer to get BK7 paper work started. We're hoping to get filed by the end of the month.

Income was unemployment and wife's child support while laid off and a few picket duty checks from the union hall. Totaling maybe 1500/month (plus we qualified for food stamps). New job will bump that up to about 2800/month, minus food stamps of course.

How will this effect our Chapter 7? Basically how is disposable income calculated?

[lrprn]

First, congratulations on the new job! Way to go!

So I start a new job tomorrow after being laid off for months. ... How will this effect our Chapter 7? Basically how is disposable income calculated?

Your income is calculated by adding up all income sources for the two of you over the last six full calendar months before you file.

Let's say you are able to file by June 30. That means you'll count all income from all sources both of you received between December 1 and May 31. If your filing is delayed until sometime in July, then your income will be calculated by everything you two received between January 1 and June 30.

One glitch you *might* run into is if your trustee asks you under oath during your 341 if your financial picture has changed since you filed. That's when you'll have to tell about the new job. It may or may not matter that you are now employed again, but this is definitely a question to ask your lawyer.