"voluntary" unemployment?

[jennattheend]

I've been lurking here for awhile, reading and getting answers/ideas as I think about things, and I've finally joined up. So, hello!

I'm getting ready to file for Ch. 7 in a few months, and I thought everything was straightforward ($55K of unsecured debt, no house or vehicle, minimal assets falling under $15K in value). And then I read mention in one of the NOLO books that "voluntary unemployment" can be grounds for dismissal of your case. There was no definition offered, but I take this to mean unemployment that was not caused by firing, lay-off, or medical reasons.

Now I'm thinking I may be screwed. My story is this: in July 2006, I left my job in order to move across the country for graduate school. I originally planned to move in August, but wound up not going until December. I did not seek employment during those few months because I had more than enough to live off and continue paying bills normally. In addition to grad school, I had a job waiting for me. Everything was fine.

Unfortunately, grad school did not work out and I was unhappy in Georgia. So in March, I moved back to California (where I am now). I have been actively applying and interviewing for jobs, ranging from managerial (my last position) down to assistant; I have applied to retail places like PetSmart, Borders, and Target; I have registered with two temp/employment agencies; I have "dumbed down" my resume to remove manager and supervisor titles, in the hopes that that would improve my chances. But I still have nothing.

I'm at the end of my rope. I am living rent free with a friend who has very kindly taken me in during this trying time. That enabled me to continue paying my credit card bills until now. But I'm basically drained, just a few thousand in savings--enough to pay attorney fees.

I have filled out forms for free consultations with two BK attorneys in the area, but so far no one has been in touch with me. My first question for them, obviously, will be how my state of unemployment will be viewed by the courts, and what recourse I have if it will prevent me from filing. In the meantime, I'm stressed almost to the point of paralysis. (And I was diagnosed with clinical depression today; life just gets better and better!)

So I was wondering if anyone has been in a similar situation, and might have some thoughts to share. I'd also be happy to hear about the best way to get free consultations while choosing an attorney (should I call rather than use the website forms?).

Thanks in advance,
Jenn.

[MomIcantFindmy]

I would definatly call. Interview as many as you have time for and take lots of notes. If you have time to visit the courthouse during BK proceedings, do so. Also address the issue of unemployment with each attorney...you may get a different answer every time.

Clinical depression is a serious issue and the fact that you are seeking treatment would seem to me to be in your best interest from the courts view......I am just guessing here.

Glad you joined the forum.....it is nice to see other new people like me here!

[SinkingFast]

You don't sound voluntarily unemployed to me. If you were not actively seeking a job, you would be. But that's not the case. You're out there beating the bushes looking for a job.

On the flip side,........... You could take a minimum wage gig at a fast food restaurant, at least temporarily, to get some funds rolling in.

I have 2 suggestions for you. Besides taking a job flipping burgers in the interim,.............

#1:
If you haven't already,.......... Document your job hunting. Create a journal as it were.

If you call a contact, jot down the person's name, contact info, date, and time of the call.

If you fill out an application, live and in person, jot down that info too. Try and remember to get the name of a person you spoke with at that company when you were there.

If you fill out an online app, print out a copy of the confirmation page. If the company name doesn't show, write it on the confirmation page and date it.

If you were job hunting for Unemployment, you'd have to be prepared to document your contacts. Treat this the same way. Be prepared to document your contacts with the BK Court.

#2:
Be more aggressive about speaking with an attny. Don't settle for completing a Consultation form and wait for them to contact you. Call offices. Make appointments. Go see some attnys live and in person.

[CATCHMEIFYOUCAN]

You would definitely be a candidate for ch7 as you have no job to fund a ch13. Do everything SINKING suggests. And yes, you have actively been looking for a job, that should fly with the courts, names, numbers ect like she said to back you up!

Best of Luck, Catchmeifyoucan

[jennattheend]

Thanks very much for the advice, everyone! I haven't kept records of interviews, but I do have records for most of the applications I've sent and I can probably reconstruct things from email and phone records, and I'll definitely document everything from here on out.

It's amazing how calming it is just to talk to other people here.

~ Jenn.

[pa308]

how are stay at home moms/homemakers treated as far an voluntary unemployment? When we had twins in 1999 we decided that it would be better for wife to stay home and raise the kids rather than paying for day care for two. It is a decision that i have never regretted even though the situation i am in now would surely welcome the extra cash, but i think raising the kids and keeping the home is just as important. Hope the trustee would feel the same.

[magyar123]

Don't quit your full time job, just ask your employer to "temporarily" make you a part-time emplyee. This will reduce your pay as far as the means test goes.
As far as your question regarding "voluntary unemployment" is concerned - trustees don't contact employers to find out why/how come you're not working there anymore.