Filed ch 7 in July. Together my wife and I are over the median but she is very sick and without her we are below the median. We had our 341 in Aug and there was a Presumption of Abuse but my lawyer said since my wife is no longer working it shouldn't be a problem. I was planning on working a second job after discharge but now I have a golden opportunity for a very good second job. Will it force me into a ch 13? How would the trustee even know? To further complicate matters is my wife filed for disability which the trustee did ask us about. I also own some land that I'll probably lose so that will further delay the BK.
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Post-341, I believe, is just fine for additional income. With the other complications you have, I'd check with your attorney first, if for no other reason than to keep him in the loop should a question arise. I think you are clear, though.
Filing Ch 7 is a snapshot of the day you filed. What happens after is generally OK. It is what happened before you filed (purchased land, had higher income, etc) that complicates your case. -
You had your 341 in August. Within 14 days of that meeting the UST filed a "presumption of abuse" notice. The UST has 30 days from the filing of that notice to file a Motion to Dismiss due to abuse. DO NOT get a 2nd job until after that 30 days passes - and only if a Motion WAS NOT filed. Your attorney has already alluded to the fact that due to your wife's situation you may be able to rebut the presumption if the Motion is filed. If you take on a 2nd job now and secure disability payments for your wife you will most likely be forced out of the 7.Originally posted by Miknan View Post
Bottom line, - Before you take on a 2nd job clear it with your attorney and, if you do take on the 2nd job realize that by doing so you may not be able to defeat the presumption if a MTD is filed.
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