If I find a job before ch 7 discharge can the trustee or creditor take wages?

[helpme2010]

I posted a similar question in the employment thread, but am not getting an answer and since it relates to chapter 7, can you please help me?

If I find a job before my chapter 7 discharges (after the 341), can the trustee or a creditor modify my chapter 7 into a chapter 13 or come after my wages? e.g. going from unemployment to a possible $100,000 job?

[drowning123]

Absolutely not.

[clevelandmom]

Really Drowning? That's good to hear. We are in kind of a strange position. . .dh was laid off last year for 6 months (which is pretty much what headed us into this mess), went back to work around January, then this year he has been laid off since August. He is in construction. He COULD go back to work shortly after the 341, but we never, ever know if he will, and if he does - it could be for just a week. Or a month. It's too hard to determine. Our 341 is next week, so are you saying after that is over he could go back to work and we don't have to think twice about it anymore?

[drowning123]

Yes, clevelandmom. Absolutely. The court is only concerned with your information at the time of filing. They will have no further communication with you until your case is dismissed and closed, unless a creditor objects and you need to appear. Even then, you won't be forced into a 13.

[daylate]

Just a caveat-if you had the offer before the 341 and didn't disclose i think that is not good (the question on schedule I I think that asks do you expect any changes in the next year) but if you first heard about it and got the offer after I think you are good to go

[tcreegan]

Hi all,

Want to be careful, creditors have 60 days past the 341 to object...if they get wind of the new job....

New BK law also gave trustees more power to object, 'totality of circumstance' clause

The old ironclad 'date of filing' took some serious hits when they wrote BAPCPA....

But it is not like creditors or trustees check employment records, especially after the 341; it probably comes down to 'what they don't know won't hurt them'...

...just don't call up any creditors and rub their face in it, as tempting as that might be for some of 'em...

Tom in Colo

[helpme2010]

I am more than 60 days past the 341 and still no discharge. I don't have any interviews or offers yet, so it will still be some time before I find a job. But if I do end up finding a job and my discharge still hasn't occurred, I just want to make sure somebody can't come after me, like a creditor.

[clevelandmom]

Hi Helpme - Sorry to have hijacked your thread! My question for you is - when you filed your BK, didn't they send you a date for your 341 along with the final day for objections? I'm curious as to how they are able to not discharge you after your 60 days is up. Is this common? Why would they/could they do that?

@Daylate - Thank you for your response. My husband is in the union and we need to wait for a job to come up for him to be "called back to" - so technically he is employed through the union and doesn't have to get an "offer" for employment. He just needs the construction jobs to come up.

@Tom - I know what you mean by the "totality of circumstance" clause - but do you think that would work for me or against me? The circumstance is that my dh WILL go back to work, but we don't know when or for how long. We never do. The truth is I don't know how we could ever fund a 13 if his income is never steady. As far as calling the creditors and rubbing it in their face, can I do that after the discharge? PLEASE????

[drowning123]

Helpme is probably discharged but it's not in PACER. The court probably has a backlog.

[helpme2010]

Hi Helpme - Sorry to have hijacked your thread! My question for you is - when you filed your BK, didn't they send you a date for your 341 along with the final day for objections? I'm curious as to how they are able to not discharge you after your 60 days is up. Is this common? Why would they/could they do that?

clevelandmom, I don't consider this hijacking my thread, in fact, I consider others chiming in with related problems, helping the thread! So keep it up

I didn't get a date time line provided when I filed BK (at least not that I can remember). I did get a 341 hearing date that my attorney provided me. I assumed from reading this board that 60 days after it would be discharged.

But there is another person on this board screentest that is I believe 120 days past the 341 hearing and still hasn't been discharged either, so this does scare me a bit.

When I asked my attorney about the time line of having my bk discharged at 60 days, he predicted at least 90 days or more.

Perhaps because I am in Southern California that it is taking so long.

I just don't want the trustee or a creditor coming after me if I happen to find a job before my case is discharged. I understand they don't review my employment information, but I get a little paranoid that something could go wrong.

[clevelandmom]

Oh wow helpme - I hope you get your discharge soon! I am originally from Southern California. But here in Cleveland, I am now under a foot of snow. I don't mind it at this time of year though.

[helpme2010]

Christmas snow, that is the ideal time to have snow. Enjoy it and stay safe!! Should be a merry xmas for sure.

[oregonpilot]

cleveland...i grew up and moved from northern MN (REALLY northern) about 25 yrs ago and i sure don't miss the snow and cold. We had a dusting of snow here a few weeks ago.
Lasted for just a few hrs and it was gone BUT there were dozens of cars off I 5 just in the few miles in our area.

I am really curious how long it will take for Pacer to show the discharge for me.

[helpme2010]

Helpme is probably discharged but it's not in PACER. The court probably has a backlog.

drowning, do you think that is what is going on (discharged but not in PACER)? I certainly hope this is the case. Screentest is 120 days past the 341 and still no discharge and screentest is from California as well.

[drowning123]

I really believe you're discharged unless you had sime glitches like an objection. Did you?