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    pay bonus before discharge after 341

    I may be getting a one-time increase in monthly paycheck which may happen to be on the same day as the last day to file objections in my no asset case. had the 341 already.

    It might be for about 3K and I am way under my states exemptions.
    What's even more problematic is that it is actually supposed to be for research expenses and not really just salary, although it will be distributed as salary.

    I suppose I could prove that before a judge, but dont want to. And on the face of it, a paycheck is a paycheck is a paycheck.

    Is this going to be a problem? I can withdraw my application for this research money now, since it would be unethical for me to take it and then hand it over to a Trustee. And I wouldn't want anything to disrupt my case. 3K is not worth it.

    But I do need the money so if it doesnt matter what my paycheck is after the 341 then I would like to take it.

    Any insights?

    thanks,

    MMP

    #2
    Originally posted by Moneypenny View Post
    I may be getting a one-time increase in monthly paycheck which may happen to be on the same day as the last day to file objections in my no asset case. had the 341 already.

    It might be for about 3K and I am way under my states exemptions.
    What's even more problematic is that it is actually supposed to be for research expenses and not really just salary, although it will be distributed as salary.

    I suppose I could prove that before a judge, but dont want to. And on the face of it, a paycheck is a paycheck is a paycheck.

    Is this going to be a problem? I can withdraw my application for this research money now, since it would be unethical for me to take it and then hand it over to a Trustee. And I wouldn't want anything to disrupt my case. 3K is not worth it.

    But I do need the money so if it doesnt matter what my paycheck is after the 341 then I would like to take it.

    Any insights?

    thanks,

    MMP
    My understanding is that in a Chapter 7 your finances the date of filing are the most important. Just to be safe though pick up the phone and call your attorney. I have a feeling though that it will be ok.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #3
      now that I am thinking about it, it seems very risky.
      at least for this one paycheck, its like getting a 3K raise. Since the next paycheck is not out yet, there is nothing showing that it is just a one-time increase.

      A 3K raise on a $50 DMI is like having a $3050 DMI. Serious abuse of chapter 7, were it true.

      Although I have seen lots of posts including from moderators here that post 341 income is not a problem, but I dont know if they were considering bonuses and such.

      Unfortunately its hard to get in touch with my lawyer. he was very inexpensive though.

      MMP

      Comment


        #4
        Originally posted by Moneypenny View Post
        now that I am thinking about it, it seems very risky.
        at least for this one paycheck, its like getting a 3K raise. Since the next paycheck is not out yet, there is nothing showing that it is just a one-time increase.

        A 3K raise on a $50 DMI is like having a $3050 DMI. Serious abuse of chapter 7, were it true.

        Although I have seen lots of posts including from moderators here that post 341 income is not a problem, but I dont know if they were considering bonuses and such.

        Unfortunately its hard to get in touch with my lawyer. he was very inexpensive though.

        MMP
        Do you have an email address for your attorney? I know that you'll worry about this, but unless you contact him and ask him you won't feel good about any of our answers.
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

        Comment


          #5
          our attorney said that the date of filing is the "snapshot" and that we could earn all of the money possible (I was up for a new job at the time) after filing and it would not affect the bk.

          Comment


            #6
            Yeah my lawyer said after filing date, any extra income doesn't count. So this is after the 341? Quit worrying!
            Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

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