Can I get a Job Once we file for BK?

[loveends1981]

I was told by my younger sister today that after we file for BK, I can get a job. That I dont have to wait for discharge papers. Tomorrow we have our meeting with the trustee at 2pm. The last time we spoke to our attourney, was on May 8th when we offically signed the papers to file. Our papers were submitted on May 19th. At that time, Our attourney verified what income we had at the time and actually asked how much cash we had on us. Which was $5. They have only my husband's income down for the only source of income.
I stay at home with our three toddlers, ages 2, 4 and 5. Before we looked into me getting a job (before we even thought about BK) and for me to work during the day, Id have to pay for daycare for our two youngest ones. All my my money would go to daycare. Why is it worth me working when I cant bring home no extra money? My husband works first shift, 6 am to 2pm. Usually gets home around 3pm. He wanted me to get a night job, but there is no way I can work at night and get no sleep during the day because I will be home with the younger ones. I wont get to sleep at all.

So my question is....

Can you go off and get a job, even before the trustee meeting and before your BK is even done and over with?

My sister said as long as we have filed our BK, which was May 19th, there is nothing they can do if i get a job. That worries me. I thought if they saw any other income coming in, they can take that and dismiss your case?

[reeltrouble]

take it for what it's worth.. My wife had not worked in 4+ years, and got a job offer appx 3 weeks after our filing date, and 2 weeks before our 341. We were honest, and told the trustee about it, no other questions asked, other than where she worked, and what her title was. Didn't even ask what her salary would be. Wifey thought it might actually HELP, since trustee can see we are doing everything within our power to improve our situation, since it had been so long since she worked.

So, I don't think a job after filing will hurt anything, but I'm far from an expert

[music12]

anything you earn after you filed is yours. it's not part of the bankruptcy estate. the trustee shouldn't be asking about it. even if they do, they are not supposed to take it into account.

[TEW]

Yes you can take a job after you file. everything is as of the date of filing. If the trustee asks if anything has changed you can tell him/her that you got a job. It won't make any difference. Just say I got a job nothing more.

[BnkrptcyLwyr]

The caveat is a sort of "good faith" type of argument. Say the day before the 341 you get a job making 100k. Don't you think that the Trustee might say something about why you're not trying to pay creditors if you could now do so with ease? Of course, if it's just a minimum wage job ... there's going to be a difference.

My answer to clients is, it depends ... on how much you're going to be making, and on who your trustee is.

If the job is not a whole lot, and you're going to be paying for child care and other things, all of that will make it a lot less likely for the Trustee to justify attempting to dismiss your case. In general, don't sweat it too much. If the Trustee asks, answer honestly ... if not, then I wouldn't necessarily volunteer information ... and right now, if you don't actually have the job yet ... well ...

[loveends1981]

No, I dont have a job yet. Im wanting to help with the income, so I didnt know if It was ok for me to get a job before our BK was over with or wait til after everything is done with. I did daycare for awhile and was wanting to get back into it again. I charged $140 per week a child. I was wanting to take in at least two children. So at that rate, I'd be looking at $280 each week, which would be $1,120 a month. I just didnt want to us into trouble.

[music12]

i think the only issue with "good faith" is the following: did you file on a certain day knowing that the next day you have a high paying job? if you didn't know, there is no bad faith.

since you still don't know, there is no problem here that i can see.

[loveends1981]

Ok, I just wanted to make sure. Ive been wanting to start my daycare up again, but have put it on hold because I didnt know if I was able to work or not since we filed on May 19th. At this time Im not watching any children, but would really love to.

[queenfluff]

My lawyer told me no - it is safest to wait until after the discharge. of course, it might depend on how much money you make at whatever new job you get too. But yes, what is to stop them from saying "Oh they have more money more because of the new job. Why should we discharge their debts? They can pay now."

Is your sister a lawyer? Listen to your lawyer. You have to be careful about this.

I am in the same situation. No job and my lawyer told me not to get one until I am discharged because it could effect my case. The point is that if you are doing Chapter 7 they could want to change you to a Chapter 13.

I have my 341 tomorrow and I want to re-clarify this with my lawyer myself but he really stressed this when I signed my papers.

[loveends1981]

No, my sister is not a lawyer, She went through BK about a year ago herself. Her lawyer told her this information. Our lawyer didnt bring nothing up about what would happen if I were to get a job. I took it that if we had any other income coming in besides my husband's full time job, then that would be really bad for us and our case could get dismissed. Were having our meeting with the trustee today here in about an hour. I guess I could bring it up to our lawyer today. Thanks for all the opinions!

[frustrated7]

My attorney recommended I wait until after the 341 to get a job, though taking one before wouldn't necessarily create problems, but it could complicate things. So I waited until after the 341, got a job, and am now before discharge. Of course, I'm also making barely above minimum wage, so it shouldn't make that much difference anyways. I'm so ready for the discharge to be over and done with so I can stop fretting about all the what-ifs.

[loveends1981]

Well, we went to our 341 meeting today and it went great!