Chapter 7 filing and new job

[loser104]

Everybody here on this forum has been a big help lately with your well-thought out advice and pointers, and I'm learning quite a bit about my own situation and what avenues I should pursue. Got a question for all of you BK guru's...........

During a ch. 7, if one has a little wiggle room as far as when to start a new job, when would be a good time to start??? After the 341? After the discharge? Right after you file? Totally hypothetical, but I'm curious if one gets a job offer right around the time you are going thru this process, and you're WAY BEHIND on all of your cc's and mortagage, and have made the decision to file BK, what starting date could you give this employer so that your case is not thrown out or converted to a ch. 13?

[backtoschool]

Your six month income look back period goes six months back from the day you file. So if you are close to the median income, then taking the new job before you file might tip you over, but since income is only one component of the means test this might not matter.

At the 341 the trustee will ask you if you have had any changes in circumstances. If your new job pays quite a bit more than what your income shows on your petition, that might cause the trustee to ask more questions, but basically the trustee is tied to the six month look back period in regards to income.

If you have the luxury of starting the job after the 341, that would be the time where you would have the least chances of having to answer extra questions, etc....

[mtbc]

At the 341 the trustee will ask you if you have had any changes in circumstances. If your new job pays quite a bit more than what your income shows on your petition, that might cause the trustee to ask more questions, but basically the trustee is tied to the six month look back period in regards to income.

Even post-BAPCA I wouldn't want to rely on them not being able to make a totality of circumstances argument that lets them look at post-petition developments in arguing for conversion to chapter 13. So personally I'd definitely want to defer such changes to after the 341.

[loser104]

Ok, so then you're saying if I do get a job offer, to wait until after the 341, if I'm given the option. So if I do find some employment after the 341, the creditors and the judge and anybody else involved with the case CANNOT come back after me or re-evaluate my case and my finances (or convert it to a ch.13)?????

[HGolightly]

Yep.

[loser104]

Thanks for the replies, I feel better already!