Do i refuse the job?

[havetodecide]

Sorry if i keep coming back with questions and questions and never seem to decide on what to do

I gave up on the idea of negotiating with creditors, i contacted them and could not reach an agreement and i just can't afford what they're asking me right now.

I work doing freelance and i am supposed to start a new project in the beginning of August that will increase my income, so i am thinking about not taking the job so i can still file under Chapter 7 using what i made in the last 6 months (around $11K so far)

I called my lawyer and explained the change in my situation, mentioned about my idea of not taking the job and he said don't worry, take the job because it's only gonna count the last 6 months of income

So now i am a little confused, even i mentioned to him that, but aren't you supposed to disclose any income that you see coming in the future when you file? At the same time this is only a temporary position.

Thanks

[whatamess]

So,
I would take the job. At the 341 when asked, say I have a temp job right now but will be unemployeed/underemployeed soon enough again.
I think ch 13 can only be used in income that is regular, like full time employment. If you have only made 11 grande so far, would these other job throw you over the median anyhow in the long run?
To be sure, ask in the chaper 13 thread. But if its a go I would file asap as to not havethe new income factored in.
Good luck!!
WAM

[JRScott]

I'd follow your lawyer's advice and go ahead and take the job. Since you do freelance work I suspect your income is somewhat sporadic. How soon would you expect any payment from this job? Anyway I'd take the job and still file as soon as you can.

[mommytima]

I agree !!

[havetodecide]

In the long run, the project will last till April next year, so i will be above the median, that's why i am a little hesitant in taking it

I would get my first payment by mid august, that would be before filing since the lawyer said it takes a month to prepare papers if i get it to him by next week.

I think I'll do that, take the job and see what happens, hoping for the best
Thanks

[leftyf]

I've been wrestling with a similar problem. I'm $5K over the median and it looks like I'll be pushed into a 13 despite the fact that I blow every penny I make. I've been at my company 20 years and finally I'm making a decent buck, but now I'm thinking about intentionally downgrading my job to qualify for a 7 just to get it over with. It's tough to just quit, but it may be worth it. I currently have debt at about 105% of annual income...it's a tough decision since I have made something of a career at my current job, but I really don't want to get 3 years down the line in a 13 and have my job outsourced and/or sent overseas and end-up filing a 7 anyway...

[JollyGG]

File as soon as possible then call and take the job. Mabey you need to find a lawyer who can get to things sooner if a month is the best he can do. Ours had our case filed 4 days after getting everything from us. Have you already paid this lawyer?
We were prepared for the question about increased income and a little worried about it as our 341 was before christmas and I had taken a second job after filing to pay for christmas presents. But the question was never asked. Our trustee saw our tax return and it was on there and obviously she didn't care.
So why you should be prepared with an answer in case it is asked, it may not be. Also will you have acutally started the job by the 341? Would it be possible just put off starting the job until after the 341? Because really, until the first day of work any job prospects are just that, prospects.

[frankies_mom]

I agree with JollyGG. The question of income and a job may never come up. It didn't at my 341 just this week. And I did change jobs before the 341, although my income has stayed pretty much the same. But I had told my lawyer and they didn't even seem to think it was a problem at all. Maybe your attorney knows if the income question is a routine one at the 341's in your area. If it's not, then I wouldn't worry and just file asap if you are ready to go.

[havetodecide]

Thanks everyone, feeling much better now that everyone seems to agree with lawyer

JollyGG - He said about a month but the person that prepares it said they should have a draft in 1 or 2 weeks, mine is probably simpler since the only asset is a car. I already paid the lawyer so it is a bit late to change. Job starts at beginning of August, so definitely before 341, but i was thinking, even if they ask me, i will not employed but still working on a freelance project that will last a 6 months or so and then back on to no income...I just hope that question neves comes up

frankies_mom - Thanks, it's good to know your experience with that, that they never asked in your case. I retained this lawyer back in March and i regret so much for postponing the filing in hopes i could still get my financial situation stabilized...

Thanks!