Question about jobs/background checks during/after filing Ch 7

[lalap123]

I'm hoping to file chapter 7 by November 1. Right now I'm barely working but have been looking around at jobs getting ready to start seriously applying in the next few weeks.

First off, I know that anything that happens after the filing date cannot be counted in your petition. However, what worries me is that the trustee asks that question at the 341 about your financial situation changing in the near future. What if, by that point, I've accepted a job making $50K a year...would that potentially change my situation and would I then be thrown into a chapter 13? I don't know why they would ask that question unless that was the intention.

Also, the job that I'm hoping to apply for requires a background check. Does anyone know for sure what percentage of the time a background check includes a credit check? (It's a government job.) If so, does HR just pull your credit score or do they pull and look over your entire report?

Thanks so much.

[music12]

i would also like to know the answer to the background/credit check for jobs issue. my guess is every employer is different. but i don't know.

as to salary after filing, another poster just reported that his lawyer said any salary post-filing is totally irrelevant. that's also what the bk code says. however, trustees have been known to ask (though they are not supposed to, i think) which is why the suggestion people usually give on this forum is to wait with a new job until after your 341. at the very least, make sure that the bank statement containing the filing date does not also contain a big salary, because the trustees often ask for a copy of that statement (to verify that the balance on filing date was indeed the balance you reported).

in most cases, the 341 is only about a month after filing (one extreme case was 2 months; i think it depends on the district. you can easily get a feeling for your district by searching, carefully, on pacer).

[want2save]

341 TWO months after filing

The courts here in OR must be really busy. I filed May 21 and my hearing was not until July 20, 2009. Discharge will be after Sept 18, 2009.

[backtoschool]

As someone who worked for fortune 100 companies and wall street with bad credit (before I fixed it, and got a bunch of credit, only to lose my job and have to file bankruptcy, but that is another story....) I have had to have an extensive background check each time I started a new job with a new company. Here is how they worked for me:

1. They will not pull your credit until they are about to offer you the job, or after they have given you a contingent job offer (contingent on passing the background check....)

2. The background check pulls credit, but usually only as an ID verification that you are who you say you are. Only if you are working directly with money do they look at the actual credit part of your credit report. (this is for business, I don't know about the gov't.)

3. The background check includes, a credit pull, a check to make sure you have the degrees that you say you have, and a criminal check to make sure you are not a convicted felon, a job history check to make sure you didn't lie on your application, and a reference check of your references as well as often your past managers. If your job involves a company car or vehicle you will also have a motor vehicle license and record check, etc.

4. The important thing here is, unless you are applying for a job handling money, or a job where you are taking bids and could be open to "gov't bribes" or something, even if they pull your credit they will not really look at it or care.

5. Usually companies hire third party services like choicepoint to handle the background checks (choicepoint is owned by experian I believe...). They are not pulling the reports themselves. These third party companies send a report to the HR department. Usually the hiring department never gets the report.

I have passed every background check that I went through, even with bad credit, (but no bankruptcy) and was offered high salary jobs from very conservative companies. I am a technologist though, and never had a job involving the handling of money. I never worked for the gov't either so I don't know what of the above info would differ in a gov't background check. I do have friends who tried to get security clearance to get jobs however, and bad credit WILL affect security clearance.

[music12]

wow, thank you so much backtoschool. that's extraordinarily helpful.

[berrymom35]

We are sort of in the same situation. My dh got a better paying job and our atty told us to work it so our first paycheck was after the 341 or don't have the direct deposited. He got his first full check last Friday and our 341 is tomorrow. I don't anticipate having any issues...it does give us about 600 extra per month that we did not have....but our atty just said to say no when he asks about our situation changing in the future...that the money we make now is not his concern...that question means any big inheritences or big sums of money coming our way...

[backtoschool]

We are sort of in the same situation. My dh got a better paying job and our atty told us to work it so our first paycheck was after the 341 or don't have the direct deposited. He got his first full check last Friday and our 341 is tomorrow. I don't anticipate having any issues...it does give us about 600 extra per month that we did not have....but our atty just said to say no when he asks about our situation changing in the future...that the money we make now is not his concern...that question means any big inheritences or big sums of money coming our way...

I would be careful about saying "no" under oath to no change in circumstances. That is perjury if they find out about the salary. Salary after you file isn't counted in your means anyway. I definitely would be honest about it if you are asked.

[backtoschool]

wow, thank you so much backtoschool. that's extraordinarily helpful.

You have been VERY helpful to me too music12!

[music12]

You have been VERY helpful to me too music12!

nice of you to say

[music12]

I would be careful about saying "no" under oath to no change in circumstances. That is perjury if they find out about the salary. Salary after you file isn't counted in your means anyway. I definitely would be honest about it if you are asked.

yes, but perjury can be a relative term if the person answering the question understands its meaning differently, especially if they understand it based on what their lawyer told them. following your lawyer's advice cannot be held against you.

also, you are under oath at the 341, but what if the trustee asks "how are you"? do you tell the truth???? i don't think so! i think my trustee asked me that question. my answer was "fine." but hey, that was an outright lie. so, sue me!

[OhioFiler]

As someone who worked for fortune 100 companies and wall street with bad credit (before I fixed it, and got a bunch of credit, only to lose my job and have to file bankruptcy, but that is another story....) I have had to have an extensive background check each time I started a new job with a new company. Here is how they worked for me:

1. They will not pull your credit until they are about to offer you the job, or after they have given you a contingent job offer (contingent on passing the background check....)

2. The background check pulls credit, but usually only as an ID verification that you are who you say you are. Only if you are working directly with money do they look at the actual credit part of your credit report. (this is for business, I don't know about the gov't.)

3. The background check includes, a credit pull, a check to make sure you have the degrees that you say you have, and a criminal check to make sure you are not a convicted felon, a job history check to make sure you didn't lie on your application, and a reference check of your references as well as often your past managers. If your job involves a company car or vehicle you will also have a motor vehicle license and record check, etc.

4. The important thing here is, unless you are applying for a job handling money, or a job where you are taking bids and could be open to "gov't bribes" or something, even if they pull your credit they will not really look at it or care.

5. Usually companies hire third party services like choicepoint to handle the background checks (choicepoint is owned by experian I believe...). They are not pulling the reports themselves. These third party companies send a report to the HR department. Usually the hiring department never gets the report.

I have passed every background check that I went through, even with bad credit, (but no bankruptcy) and was offered high salary jobs from very conservative companies. I am a technologist though, and never had a job involving the handling of money. I never worked for the gov't either so I don't know what of the above info would differ in a gov't background check. I do have friends who tried to get security clearance to get jobs however, and bad credit WILL affect security clearance.

This is very good advice. If an employer decides to hire you be upfront about anything you think they might discover. Once the decision to hire you is made it's easy to explain anything, even a criminal record. Honesty is always the best policy.

[OhioFiler]

yes, but perjury can be a relative term if the person answering the question understands its meaning differently, especially if they understand it based on what their lawyer told them. following your lawyer's advice cannot be held against you.

also, you are under oath at the 341, but what if the trustee asks "how are you"? do you tell the truth???? i don't think so! i think my trustee asked me that question. my answer was "fine." but hey, that was an outright lie. so, sue me!

That depends on the meaning of the word fine!

[OhioFiler]

I'm hoping to file chapter 7 by November 1. Right now I'm barely working but have been looking around at jobs getting ready to start seriously applying in the next few weeks.

First off, I know that anything that happens after the filing date cannot be counted in your petition. However, what worries me is that the trustee asks that question at the 341 about your financial situation changing in the near future. What if, by that point, I've accepted a job making $50K a year...would that potentially change my situation and would I then be thrown into a chapter 13? I don't know why they would ask that question unless that was the intention.

Also, the job that I'm hoping to apply for requires a background check. Does anyone know for sure what percentage of the time a background check includes a credit check? (It's a government job.) If so, does HR just pull your credit score or do they pull and look over your entire report?

Thanks so much.

I'd move up the timetable of seriously applying. You won't want to miss a good opportunity by procrastinating.

[backtoschool]

yes, but perjury can be a relative term if the person answering the question understands its meaning differently, especially if they understand it based on what their lawyer told them. following your lawyer's advice cannot be held against you.

also, you are under oath at the 341, but what if the trustee asks "how are you"? do you tell the truth???? i don't think so! i think my trustee asked me that question. my answer was "fine." but hey, that was an outright lie. so, sue me!

lol, ok you are right music12, I am just trying to err on the conservative side.

But since the money won't affect the means test, I am not sure of the benefit of outright lying about it. Of course if the question is never asked by the trustee, there is no reason to offer the information up.....

[music12]

That depends on the meaning of the word fine!

it could also depend on the meaning of the word "no".

or maybe, it could depend on the meaning of the word "is". remember that?