Question in regards to 341 and new job...

[craigerzz]

Well, I found a job and start it on Monday and I'm wondering if this is going to impact the 341 meeting. I remember reading on here that someone was asked at a 341 if they had found employment when they filed as unemployed. I filed as unemployed as I didn't have a job on the day that I filed. Can this impact my bk? Could the trustee make me amend the return to reflect my new job and added income?


Craigerzz

[StaciMM]

From everything I've heard, you're fine since it is not a job you were offered until after filing.

[craigerzz]

That would work out great then. If I had to include the income from my new job it would show our expenses being way under what our income is because the cost of living is a lot cheaper in Oregon as compared to Washington. Anybody get a new job after filing but before the 341???

[2US]

You should be fine w/ respect to the new job after filing, and before 341. I was employed, but found another job before the 341, which paid more. At the 341, the trustee asked me where I was working, and when I said the company name, he looked perplexed, as it was not the one listed on the petition. I told him I just started it about 1.5wks ago, and he then confirmed that I was working for the employer I listed on the petition when I filed, and I said yes. He didn't seem to concerned, didn't ask me how much more money or anything. So long as everything was/is accurate on your petition at the time of filing, you should be good..

[OldKenGoat]

I filed in Seattle, also

but not until last Thursday the 13th. Surprisingly, the whole ordeal only took an hour and a half. I anticipated being camped out there ALL day! The Clerk's staff was pretty efficient given they're bureaucrats (sp?). I was assigned a file number and a 341 date (12/12/2005) on the spot. The Trustee is Edmund Wood. Let us know how your 341 goes. (And if you hear any scuttlebut on Trustee Wood, please pass it along )

Congrats on the new job!

[craigerzz]

Hi Ken,
I actually filed in Tacoma, Wa, which is in the same district I believe. Haven't heard anything about Trustee Wood, can't help you there. I didn't receive my 341 date on the spot, i received notification of it in the mail about a week later. I was the only one in the office when I filed on the 3rd of Oct. One guy walked in while I was filing and asked what he needed to do to file. The clerks were helpful to him, but I felt sorry for him, cause he had no clue, and it's a long road to hoe when ur just putting the paperwork together.

Craigerzz

[ducksinarow]

But if your new job pays enough that your expenses are "way under" what your income is then you shouldn't qualify for Chapter 7, right?

Seems logical to me that if you are making a lot more now and all that the trustee would throw out the case because your income is "way over" what your expenses are.

[ducksinarow]

So long as everything was/is accurate on your petition at the time of filing, you should be good.

I disagree with that. Say someone wins the lotto between filing and their 341 meeting. Should they still be able to file bankruptcy? I would think that the change in money should matter between filing and the 341 meeting, but that's just me.

[craigerzz]

That's what I need to know...whether or not the new job would affect the outcome. Everything that I've read seems to point to the fact that it's your financial status on the day that you file...

[Zoomie]

RE: Question in regards to 341 and new job...

Craigerzz - please let us know the outcome. I'm lookin for a job and have my 341 Dec 16. I need some income desperately but I don't want to screw things up. When I files, my expenses were down to about 550/month. That might not look good with a new job. I just dunno

[IndySteel]

Well, I had a new job offer that would be making more money and my lawyer said that I should wait for any changes until after it has been discharged.

Because you will have to send the court the info about the job and your expenses will change so...your BK could be dismissed or changed to a 13.

I ended up passing on the job and just keeping the one I have for now.

[quest42]

Changes... and timeframes...

I'm interested in the answers, also being unemployed at the time of filing...

Date of filing... date of 341 hearing... date of discharge... windfalls... job/income changes... ???

Guidelines? Timeframes? Rules?

Can anybody describe the processes, if income changes, within some timeframe after filing a Ch 7 BK petiton?

I'm thinking there must be some rules or guidelines that the BK trustee and the US Trustee must follow... where are they written?

[accentone]

i'm interested in this, too. we ran a small business in our house, did our last job in June. In September we filed. Had 341 on Oct 25. Discharge date is 12/27. Question, can I do a business start up now? Or should I wait until after discharge?

[rawar]

You Are Definetly At Risk !!!

You are definitely at risk of having your Chapter 7 dismissed or converted to a Chapter 13. If the Trustee finds out that you are working and making more than you were when you filed - you could be screwed!!! It's not true that the only thing that the Trustee can look at is your situation on the date of filing. Often a Trustee will ask if anything has changed since you filed.

My 341 is on this coming Monday and I am uinemployed. Last week I asked my lawyer if it would be OK to look for work after my 341. He told me to wait until my discharge cuz I would be at risk of being converted to a Chapter 13 if, for example, a creditor objected or the US Trustee asked for a deposition or filed an abuse motion. My lawyer also serves as a bankruptcy trustee and has been practicing bankruptcy law for over 30 years - I think you should listen to what he told me.

[quest42]

Better wait till after discharge before taking new job!

Thanks, rawar -- just what I needed to know -- you get 10,000 good karma points!