Income Earned Starting After Filing Chapter 7

[dakota112]

I had a full time job which ended 7/17/09 and a part time job which ended 5/29/09. My income was well above the mean with them both, but my attorney told me that if I can afford to live the next full 6 months on what I have in savings and by selling any stuff have I Have pay my living expenses than I will be able to file chaper 7 as I will be under the mean. Does any one know when I can start back to earning what I used to . There will be no disposable income as my expenses are high but I should be able to make it to to the day of filing but will need to get back to work after that if I am to survive.I have alot of consumer debt to discharge and I will not do a 13 if I can avoid it. This accumulated after 20 years of CC use and poor spending habits. Do I have to not work until after the 341, or can I go out there after day of the filing and pursue the American dream. The whole process is a silly game if you ask me. Lawyer felt it isn't aproblem and she is well known and highly regarded in this business.

[JRScott]

After your 341 meeting.

[music12]

technically you could start working again the second you file, but practically, wait 'till after your 341 like JRScott says.

[AngelinaCatHub]

Stick with your lawyer's advice. Get by. Are you getting unemployment comp? That should help a bit and will certainly not be above your median. Watch were you spend for the next six months and make no payments to family for loans or anything like that. Yes to above posts, 341 is the key. Then practice on your new start to come. 'Hub

[aces67]

You need to wait until about 2 weeks after your 341. If you go to your 341 and the UST decides to get involved for any reason than he will want checkstubs from the date of filing to the most recent payday.

[music12]

aces, that's very smart!! so the OP should wait out the 10 business days (two weeks) before starting a new job.

[aces67]

aces, that's very smart!! so the OP should wait out the 10 business days (two weeks) before starting a new job.

To be safe yes. We had to provide the UST with May and June's checkstubs even though we filed in April. Had dh made extra money in either of those 2 months he would have dismissed us.

[berrymom35]

Our atty told us we shouldn't worry about it that the TT would not want stubs after the filing date...dh did start a new job and he will get his first paycheck about 10 days before the 341 date..we did have it timed perfectly but our atty filed 2 weeks later than she should have....I'm not worried about it though..our case is very straight forward and I see no reason the UST would want to get involved and ask for stubs after filing. His first check will only be be about $600 anyway...and he just quit a part time job...so were really just $300 over normal...

[music12]

well, here is an example where the UST asked for stubs after the filing date. it was posted by Lookadat today on another thread. Here's the thread and the post:

http://www.bkforum.com/showthread.php?p=303505#post303505

Just now looked in PACER. It wasn't in there an hour ago, but now it is, "UNITED STATES TRUSTEE’S MOTION FOR RULE 2004 EXAMINATION AND FOR PRODUCTION OF DOCUMENTARY EVIDENCE". Lots of things to provide documentation on. Example:

(1) Any and all documentation, including but not limited to any and all pay
stub(s) and/or statement(s) of wages, evidencing gross income earned by
the debtor(s) during the period of November 1, 2008, through thepresent;
(2) Any and all documentation evidencing any and all payroll deductions
from the debtor’(s)’ gross income during the period of November 1,
2008, through the present, including but not limited to, taxes, insurance,
401(k) contributions, 401(k) loans, and any other voluntary and/or
involuntary employer deductions.
(3) Any and all Federal and State Tax Returns including all supporting
schedules for years 2007 and 2008;
(4) Any and all W-2 forms and 1099s issued to the debtor(s) for the year
ending December 31, 2008;
(5) Any and all bank statements for any bank, depository or investment
accounts containing funds belonging to the debtor(s) or funds in which
the debtor(s) had an interest in or control of for the period covering the
six (6) months prior to the date of the petition through the six (6) months
after the date of the petition, including but not limited to certificates of
deposit, savings bonds, stocks, bonds, any and all records of securities or
investments owned;
(6) Any and all titles and/or lease agreements, whether the vehicle is held
free and clear or subject to a lien, for vehicles or equipment for which a
title is issued; and
(7) Any and all credit card statements for the period of July 2008 to the
present, including but not limited to, statements showing the dates the
debts were incurred and what goods or services, if any, were purchased.
(8) Any and all documentation showing proof of Mrs. XXX eligibility
or inability to obtain and/or maintain employment.
(9) Any and all documentation evidencing proof of the expenses listed on the
debtor’(s)’ Schedule J.

Just made my weekend.....................

[aces67]

Wow! that's horrible!

The UST is so stressful.

[dakota112]

Income Earned after Chapter 7

So if I understand this correctly, after I file Chapter 7 by qualifying for it by the means test, it still remains an arbitrary decision by a TT or UST as to whether it may yet be dismissed if I should decide to try to go to work and survive for myself and family the day after filing, even if it required working 16 hours a day to do so in that he would think I could repay my debt therefore in a Chapter 13 instead? This is crazy. I would as an independent contractor just continue to earn under the mean again for the 60 days post filing, even if I earned more and just not ask for payment until 6 months later and try to have my family help out. This seems like such a crazy game.

[music12]

it certainly is crazy. technically, anything you earn after filing is not part of the bk estate, but sometimes trustees ask things they should not ask, and nobody has the time to appeal their questions and decisions, so things might become arbitrary. however, it's very rare.

[aces67]

I know how you feel. It is crazy. For us dh ended up taking a week of vacation just to keep his checks from being too high. Then the week that the UST was due to make his decision his work tells him they need him on a huge project and he'll need to work at least 60 hours that week+plus it was a holiday week. So by the time you added up his regular hours, his holiday pay and all the overtime it was bad! We were totally stressing over it. Thankfully the UST pulled his motion without having to see that check stub. It really would have sunk us even though it was a one time deal.

[mom2three09]

I know how you feel. My dh works in construction and this is his busiest time of the year... he's laid off every winter... but since we're afraid the trustee may ask for paystubs from date of file to 341 (or even later) he's had to make sure he doesn't get any OT... which means less $$ to add to unemployment in the winter to live off of It's crazy!

[2manybills]

Yep - my DH is a motorcycle mechanic and commission only! He can't work any extra until after 8/6, our 341 date. It's nerve racking for sure.