Need some wisdom if possible

[wolfman278]

I need to see if anyone out there has any thoughts on my situation. But first a little background info. My wife and I moved from the southwest to Wisconsin in August 2010. We had about 6 months of living expenses saved up to move with. My wife found a job right away so that helped. We sold our old house within 6 months but had to do a land lease on it and get monthly payments. Also I had a hip replaced in 2008 and in Sept of 2010 they recalled it, so that took me out of the job market, because I had to get tests and surgery etc....

Anyway, fast forward to July 2011, we are finally able to file. Anyway, because we no longer live in the southwest and haven't lived in Wisconsin for two years we get to use Federal rules. If we didn't have the property we would be a no asset case. So we are giving up all but the exemption on our land lease, and we are giving up the assets from a lawsuit that I filed due to the hip recall.

My question is, at the time that we filed I didn't have a job, but I have since gotten a new job and start in a few days. Our 341 hearing is next week. I only know what I make per hour (It by no means makes me rich) and the hours, don't know take home yet, due to taxes, ins, etc.. Do you think that I messed up our bankruptcy? I hope not since the creditors will get paid back almost 100% of the debt from the lawsuit and the land lease.

Before you ask, I am trying to get a hold of our attorney, but for the last two weeks she has not been returning phone calls or emails.

Anyway, I hope my question made sense. Thanks for the time.

[AngelinaCatHub]

Of course you have a chance. You are forthright and honest. Camp on that lawyers doorstep until she sees you. All to many evade their clients. Old song now.

I assume you wish a fresh start, so you will become an asset case. It will take a bit longer but depending on what you do earn, is probable that you can just start anew.

I hope that helps a bit with what little I know of your situation. 'Hub

[LadyInTheRed]

Your BK filing is a snap shot at the time you file. If you had the job at the time you filed, your schedules I/J would show the increased income and could result in a request by the trustee that your case be dismissed as an abuse of the provisions of Chapter 7. The grounds for dismissal are under Section 707(b)(3):

(3) In considering under paragraph (1) whether the granting of relief would be an abuse of the provisions of this chapter in a case in which the presumption in paragraph (2)(A)(i) does not arise or is rebutted, the court shall consider—
(A) whether the debtor filed the petition in bad faith; or
(B) the totality of the circumstances (including whether the debtor seeks to reject a personal services contract and the financial need for such rejection as sought by the debtor) of the debtor’s financial situation demonstrates abuse.

You can read the law at http://www.law.cornell.edu/uscode/ht...7----000-.html

The point is to prevent abuse. Unless you knew you had a job on the date you filed your BK and didn't include your expected income on Scheudle I, I don't think your case can be dismissed because you later got a job. Filing BK while you are unemployed and continuing to look for work is not abuse. I remember a post here a while back by somebody who got a job after they filed. The trustee asked at the 341 if anything had changed and the debtor said that they got a new job. The trustee congratulated them on the new job, wished them luck and did not request that the case be dismissed.


This is my understanding, but I could be wrong. I hope it helps reassure you a bit while you wait for your attorney to call back.

[wolfman278]

I assume you wish a fresh start, so you will become an asset case. It will take a bit longer but depending on what you do earn, is probable that you can just start anew.

We already are an asset case because of the land lease we have plus the lawsuit that we filed. I will continue to call and email the lawyer and print out every email I send so I can show it to her at the 341 when she says I didn't know about that or something like that.

. Unless you knew you had a job on the date you filed your BK and didn't include your expected income on Scheudle I, I don't think your case can be dismissed because you later got a job. Filing BK while you are unemployed and continuing to look for work is not abuse. I remember a post here a while back by somebody who got a job after they filed. The trustee asked at the 341 if anything had changed and the debtor said that they got a new job. The trustee congratulated them on the new job, wished them luck and did not request that the case be dismissed.

Thank you for the responses, I definitely feel a little better about getting a job. And if it messes anything up we will deal with it, just like we have dealt with everything else.