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    new income after 341?

    Hi,

    if our income falls below mean for the six months prior to filing, and additional the month it would take for the 341, after the meeting what happens if one of us starts a new job and the new income takes us over the mean plus and of the other means tests?

    Is it necessary to wait till after the discharge to start a new job? Is it not necessary but less risky somehow?

    I am sure there is a pretty clear answer for such a question.

    Thanks in advance!

    Mr, MP

    #2
    No don't wait. everything is a 6 month look back not a look forward.
    so enjoy your higher income.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment


      #3
      I was told that the income only matters up until you file.

      Comment


        #4
        Your income only matters 6 months prior to you filing BK...
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

        Comment


          #5
          Don't mean to interupt the post but I have a question similar and wanted to clarify. My situation isn't getting a job...it's related to the one I already have. We plan to file sometime in August. I am expecting a bonus from work, probably about 5K or so, in October (before we are discharged). Do I need to ask my employer to hold it and not pay me until after we are discharged or is it okay to receive in October because it's after we file?
          370K Secured Debt / 53K Unsecured Debt
          Ch 7 Filed 08/31/09
          341 on 10/07/09
          Last day to object 12/07/09 - Discharged 12/28/09

          Comment


            #6
            cfgdag, i think if the bonus was earned during the 6 months before filing, it counts as income even if it's paid only much later. maybe instead of just holding it, have your employer count it as bonus for work done after filing. then it won't count for sure.
            filed ch7 May 09
            341 june 09
            discharged, closed Aug 09

            Comment


              #7
              thanks for your replies. the other guys question is interesting to me too.

              please dont trust anything i say, but i think pay is counted in our timelines only by the pay date, not by when the work was done.

              any additional answers to either of our questions are most welcome.

              Are you sure we can look for a job right after the 341?

              mr. mp

              Comment


                #8
                Yes, you can look for a job after the 341. Good luck with finding one in this economy.
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment


                  #9
                  Originally posted by cfgdag View Post
                  Don't mean to interupt the post but I have a question similar and wanted to clarify. My situation isn't getting a job...it's related to the one I already have. We plan to file sometime in August. I am expecting a bonus from work, probably about 5K or so, in October (before we are discharged). Do I need to ask my employer to hold it and not pay me until after we are discharged or is it okay to receive in October because it's after we file?
                  You may need to ask that this bonus be deferred. You will be asked at your 341 if you are expecting any pay, bonuses, settlements from court cases, inheritances, etc. in the next six months.

                  If you don't know that you are getting the bonus, then you are okay. But since you know that it will be coming, you are obligated to report it.

                  If you have a lawyer, you really need to discuss this matter with him/her.

                  My Best~~~
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment


                    #10
                    If you have any exemptions left, you could protect it.

                    Comment

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