overtime pay

[psx402]

At what time during or after chapter 7 could a person start working overtime without any issue to the BK?

[ccsjoe]

Depends on a couple things. Since you are actually asking, I presume you did not forecast OT on your schedule J correct? That being the case, I would not necessarily make income changes until your actual discharge. However, if your case is straight forward and simple, that it will not warrant a second look from the trustee and UST, then you "should" be safe post 341.

[wnguyen]

Really? Do I have to wait until the case close to start working overtime? So does it mean whatever my income is after filing will still be counted? I thought bk is a snapshot of your financial, not a movie.

[ccsjoe]

Really? Do I have to wait until the case close to start working overtime? So does it mean whatever my income is after filing will still be counted? I thought bk is a snapshot of your financial, not a movie.

That's not what I said. Please reread above. If you have a straightforward case that will likely not be looked at again or invite the look-see of the UST, then you should be ok post 341. If not, I would wait post discharge. Never did I say post-closing. Additionally, you also have to figure the UST audits randomly 1 in 250 cases. These are odds and educated guesses. The only surefire guarantee of an answer would be if you had included the OT calculation in your schedule J.

All that being said, again, if you have a basic case that does not warrant attention, you should be ok post-341.

[psx402]

the overtime would be for like a month or so then down to 40-45 again. My pay history shows brief swings of overtime with longer periods of 40-45 hours. This still places me about 12 grand under the state median on the means test for 6 people in michigan.

[wnguyen]

Sorry Joe. You're right. I guess even though I read your whole post but the rest faded away when I saw "... until your actual discharge." That was a knee jerk reaction when I'm anxiously waiting for the discharge.

[ccsjoe]

the overtime would be for like a month or so then down to 40-45 again. My pay history shows brief swings of overtime with longer periods of 40-45 hours. This still places me about 12 grand under the state median on the means test for 6 people in michigan.

Then I wouldn't worry much about it psx402.

[DebtHater]

I wouldn't be concerned regarding overtime. If you regularly worked overtime prior to filing it is already included in the proper schedules. It was explained by my attorney that unanticipated overtime would not be an issue.

Prior to my filing I had to work Thanksgiving Day and worked approximately 14 hours as overtime. After filing I had to work Christmas Day and New Years Eve and New Years Day and worked approximately 24 hours overtime in those three days. None of it became an issue.

[geye]

Our attorney had DH sign an affidavit saying that OT had been banned since May and he had no knowledge of it returning anytime in the foreseeable future. He did say we could possibly be required to bring paystubs to the 341 just to show he still wasn't working any.
The alternative was to include overtime on our schedules even though he wasn't working it. The issue with that is I had no way to "prove" we were spending money that we actually didn't have.