Quitting part time job to qualify for Chapter 7

[kcfaninin]

Attorney advised me to quit one of my part time jobs in order for us to qualify for a Chapter 7. He stated that we DON'T have to wait 6 months to show a decrease in income. He said it will be for "health reasons" and we can't predict what my "future" earnings will be. Also, stated, the trustee can't make me work 2 jobs. Working all these hours is truly taking a toll on my health and my physician did advise me to cut back. Does this sound right not to have to wait 6 months? Will it raise questions in the eye of the trustee?

My husband makes $42,000/yr. I make $39,000 at one job and $34,000 at the other. Advised to quit the $39,000/yr job which would put us under the median income level for our state.

Attorney then stated I could work more after discharge if I desire. Would this be viewed as fraud? Financially, we can't wait 6 months to file. I will have to work some hours at a 2nd job after discharge, but not like I currently am.


Any thoughts would be appreciated.

[AngelinaCatHub]

Fraud is in the "intent". Only you would know the truth. If the job is truly making you physically ill, your health is worth more than money. If you are doing this on your lawyer behest to manipulate the system, his good intentions are illegal and he could be disbarred if this is a manipulation. It depends upon the truth. 'Hub

[kcfaninin]

Fraud is in the "intent". Only you would know the truth. If the job is truly making you physically ill, your health is worth more than money. If you are doing this on your lawyer behest to manipulate the system, his good intentions are illegal and he could be disbarred if this is a manipulation. It depends upon the truth. 'Hub

I work 12 hour night shifts and sleep 3-4 hours a day. There are some days when I am awake for 36-40 hours at a time. I have frequent bouts of chest pain and blood pressure issues, which I'm sure is due to stress and lack of sleep. I need to have shoulder surgery and our attorney said this would be a good time to have it done.

I don't view it as fraud, but how will the trustee view me quitting my job and filing so soon? In our situation, is it true we wouldn't have to wait 6 months to show a decrease in income before filing?

Thanks

[AngelinaCatHub]

I work 12 hour night shifts and sleep 3-4 hours a day. There are some days when I am awake for 36-40 hours at a time. I have frequent bouts of chest pain and blood pressure issues, which I'm sure is due to stress and lack of sleep. I need to have shoulder surgery and our attorney said this would be a good time to have it done.

I don't view it as fraud, but how will the trustee view me quitting my job and filing so soon? In our situation, is it true we wouldn't have to wait 6 months to show a decrease in income before filing?

Thanks

Then it is not fraud, plain and clear. You can get a Doctor's script to refer to the Court if there is any question. The Doctor is certainly more educated about health than the Trustee would be and he is an "expert witness" for sure. 'Hub

[backtoschool]

You are clearly quitting one of the jobs for health reasons and the trustee cannot force you to work any job.

Quit one of the jobs and take care of yourself. Your health is way more important than your debt.

[lindsay2181]

You make 39k at one part time job and 34k at another part time job??? how many hours total are you working per week?

[kcfaninin]

You make 39k at one part time job and 34k at another part time job??? how many hours total are you working per week?

I work four 12hr night shifts. So, it's about 48 hours a week. I am a nurse and I waive my benefits for a higher rate of pay. Meaning, I am not eligible for health insurance, sick pay or vacation pay. My husband carries the insurance. In a sense, I am working 2 part time jobs, but getting paid as if I were working full time hours at each job.

[pookieny]

Listen to your lawyer and don't worry about it. Mine told me to stop working overtime to be under the median and as soon as I was discharged, started doing ot again.

[NoMoreCards]

I thought the look back period was 6 months regardless of the change in circumstances??
This surprises me, as many people wait the 6 months for that exact reason.

But I am sure you lawyer knows.

[kcfaninin]

Listen to your lawyer and don't worry about it. Mine told me to stop working overtime to be under the median and as soon as I was discharged, started doing ot again.

Did you have to wait 6 months so show the decrease in income?

[kcfaninin]

I thought the look back period was 6 months regardless of the change in circumstances??
This surprises me, as many people wait the 6 months for that exact reason.

But I am sure you lawyer knows.

I am with you on that one. I thought I would have to wait 6 months too. Attorney said I have been working like this for over 2 years and "enough is enough", "a person can only take so much." I hope he does the talking at the 341 when the trustee questions it!!

[lindsay2181]

I work four 12hr night shifts. So, it's about 48 hours a week. I am a nurse and I waive my benefits for a higher rate of pay. Meaning, I am not eligible for health insurance, sick pay or vacation pay. My husband carries the insurance. In a sense, I am working 2 part time jobs, but getting paid as if I were working full time hours at each job.

Boy did I choose the wrong major in college! You are making nearly twice as much as your husband! I think I would forego the benefits for higher pay as well, sounds like a smart decision if your husband was able to carry you on his. But I guess your days of doing this are coming to an end. Oh how I would love to find a job making decent money when I go back next year. Maybe I should go back to school for nursing lol.

[AngelinaCatHub]

As much time as our OP, Ms. kcfaninin works, that lawyer better be there. My daughter is an RN and she runs herself to frazzels at times. 48 hours is PART TIME???? What a lady. 'Hub

[kcfaninin]

As much time as our OP, Ms. kcfaninin works, that lawyer better be there. My daughter is an RN and she runs herself to frazzels at times. 48 hours is PART TIME???? What a lady. 'Hub

I work 24hr/wk at one job and 24hr/wk at the other job. They are at 2 seperate facilities, and to me, that is 2 part-time jobs.

Anyway, I am going to quit the higher paying job on the suggestion of our attorney. That is the only way to get us under the median income. He is very confident that eyebrows won't be raised. I guess I just have to trust his judgement. He is the expert.

[OhioFiler]

I'm curious how much debt you are looking to discharge. If you were to keep working how long would it take to pay off the debt with the extra $39,000 annual income?

I see you working one job but splitting your time between two agencies. It seems to me the detriment to your health is a result of working the graveyard shift not the four 12 hour shifts.

I would ask a few questions of you at the 341 if I were a trustee (but of course I'm not!).