It's over 11 days past my 341 and no US Trustee report

[CCsAreEvil]

i was under the impression it wasnt advisable to file BK while unemployed and collecting U.I., maybe i am wrong. all my Pacer info that was entered by my tt was always late, even my 341 meeting was entered late. and my 60 day countdown started from tt date, not date i showed. my discharge took approx 4 months, yes they are very backed up.

Who said it's not advisable to file BK while unemployed? Isn't that a major factor sometimes for filing BK? If I hadn't lost my job, I would probably not be filing.

[leena]

Not to change the subject, but given that you are unemployed and way under the median income, I cannot see what the trustee was trying to accomplish in grilling you. Maybe he was thinking a case could be made for some sort of fraud given your previous high income? Maybe he thought you were hiding assets because you previously had a high income?

Anyway, I am sure you are fine. It is too bad a few trustees treat people that way.

[killinstinct]

I think what he means is that sometimes people are "judgement proof", i.e. no job, no income, no assets, nothing can be taken away. The danger comes when these people start getting back on their feet and the creditors come running to seize their new wages, car, whatever. That would be the time to file BK in that scenario, while you were on your way up...

[backtoschool]

Not to change the subject, but given that you are unemployed and way under the median income, I cannot see what the trustee was trying to accomplish in grilling you. Maybe he was thinking a case could be made for some sort of fraud given your previous high income? Maybe he thought you were hiding assets because you previously had a high income?

Anyway, I am sure you are fine. It is too bad a few trustees treat people that way.

I think he thought I was hiding assets because I previously had a high income.

Trustees hate granting chapter 7's to people who have or recently had, a high income. I think Trustee's think that if I earned that high income for the last several years, I will soon be earning it again....

But there is no debtor's prison in this country and the trustee cannot force me to work in a profession that I hate. My lay off in January was a Godsend in that it let me quit a life I was trapped in and hated. I can now make positive changes that will allow me to live a life that aligns better with my values.

[backtoschool]

I think what he means is that sometimes people are "judgement proof", i.e. no job, no income, no assets, nothing can be taken away. The danger comes when these people start getting back on their feet and the creditors come running to seize their new wages, car, whatever. That would be the time to file BK in that scenario, while you were on your way up...

I don't think anyone is fully "judgement proof". Creditors can still levy your bank account and trying to live an adult life without a bank account is very inconvenient. I filed because I wanted to put the past behind me and go back to school without having to worry that a creditor would find my bank account and make my life a misery.

[2manybills]

That's correct backtoschool. They can also record that judgment so that everytime you try to buy or sell property it comes up for 10 years. In my opinion (for what that's worth) you did the right thing by filing BK, starting a new lease on life. Who knows that the CC companies and banks will talk to government into doing next to make it even harder to file.

[backtoschool]

That's correct backtoschool. They can also record that judgment so that everytime you try to buy or sell property it comes up for 10 years. In my opinion (for what that's worth) you did the right thing by filing BK, starting a new lease on life. Who knows that the CC companies and banks will talk to government into doing next to make it even harder to file.

I agree, 2manybills about the government making it even harder to file chapter 7. I think the reason the trustee grilled me so much was that he felt I was sliding by on a "loophole", the six month look back period. If the look back period had been a year I would have had to file a chapter 13, even though I was living on unemployment insurance.

I wouldn't be surprised at all if we see longer look back periods in the future.

[want2save]

I am curious about this also as an asset case. My 60 das are up on Sept 18th, but the creditors have until Oct 23rd to file claims. Will my disharge come AFTER Oct 23rd then instead of after Sept 18th, the last day for objections? Same question as backtoschool, so I don't think I am "threadjacking". (new term for me! )

[MrSmithster]

Who said it's not advisable to file BK while unemployed? Isn't that a major factor sometimes for filing BK? If I hadn't lost my job, I would probably not be filing.

the OP mentioned just being out of work. my friend was just layed off, in debt over his head, credit trashed, no assets. he went to a lawyer to inquired about a BK filing, the lawyer told him to wait. what can his creditors do? nothng to take. no job. no money. they cant take unemployment money, nothing to garnish. he is going to have to file at some point most likely, but was advised to wait for now. i think the advise was not to file before even receiving the first unemployment check, whats the rush at this point? stop paying all debt and try to save.

[backtoschool]

the OP mentioned just being out of work. my friend was just layed off, in debt over his head, credit trashed, no assets. he went to a lawyer to inquired about a BK filing, the lawyer told him to wait. what can his creditors do? nothng to take. no job. no money. they cant take unemployment money, nothing to garnish. he is going to have to file at some point most likely, but was advised to wait for now. i think the advise was not to file before even receiving the first unemployment check, whats the rush at this point? stop paying all debt and try to save.

I am the original poster and I have been on unemployment since January. I filed for Bankruptcy Aug 3. I am now off of unemployment and on a graduate fellowship.

My district treats unemployment insurance as income, so there is no real reason to wait or not wait. It is just like any other income on the petition.