Unemployed now but what if I get a new job before the 341?

[sofargone]

I have not worked in a long time but am currently looking for a job. What happenes if I get a job before the 341 meeting?
Right now I am just below the median income for my state (spouse income) If I get a job which I need to very soon it will definately put us over. I can't wait 3 months or longer.

[dumpinmydebt]

I believe you will have to amend your paperwork.

Now, if you don't "officially" get the job (or start the job) until after the 341, then no worries.

[ccsjoe]

A new job pre-341 may push you into a 13, but honestly it really depends on the trustee and whether he wants to take issue. Your bankruptcy filing is as of the date you filed. The problem you may have would come up when asked "have your employment or income changed since you filed". If you have a new job at that point, be truthful. There have been many cases where the trustee simply says congratulations and good luck. And nothing comes of it.

The best you can do is, if you have an attorney, who would presumably know the trustees, pose the question to him/her. If you don't, even if you will file pro se, get a few free consultations and ask this and other specific questions you have.

So much of bankruptcy is subjective to each individual trustee that even within the same district one trustee might be happy that you got a job, whereas another one might want to take a closer look or try to push you into a 13. There is no specific current guideline other than knowing your district's trustees and what they are likely to react to.

[dumpinmydebt]

agreed with ccsjoe.

[ccsjoe]

And one more thing...You would answer yes ONLY if at the time of the 341 you had already started the job and all conditions to employment had been satisfied (not including a probationary period). Be very attentive to what the trustee asks and answer exactly his question, no more, no less and as monosyllabic as possible. If all you have is an offer at that time, your answer would be "no" if the question is posed as in my first post.

[sofargone]

So if I get a temporary position or a position that is a fill in.. and am not working that week. I could say no I am not employed? If I am in training?

[ccsjoe]

So if I get a temporary position or a position that is a fill in.. and am not working that week. I could say no I am not employed? If I am in training?

It depends on the question asked. If asked about a change in status of employment or income, AND you have a temp or fill in job or you are in training but getting paid, etc, the answer is yes. You have already started the job and are getting paid. The follow up is yes, it is a temp job that ends on XX date. Yes, it is a fill in that ends on XX date. Yes, but currently training and conditional to these requirements being met, so not permanent. That's when you qualify your answer.

[sofargone]

ccsjoe, I just noticed on your signature that you filed 8/27 and your 341 is in Oct. That is only about 6 weeks. I don't know why I was thinking it would be 3 months to the 341. I better get moving on filing then!
Thank you everyone for your great advice!

[ccsjoe]

ccsjoe, I just noticed on your signature that you filed 8/27 and your 341 is in Oct. That is only about 6 weeks. I don't know why I was thinking it would be 3 months to the 341. I better get moving on filing then!
Thank you everyone for your great advice!

LOL...glad my siggy helped you more than anything else.

[sofargone]

Believe me, you (and everyone on this forum) have helped me more than you know!!! Just shows you that you can help someone without even saying a word! Thanks again!

[redhunter]

I got an out of state job post filing and pre-341. I even had to fly back for the 341. I was required to bring to the 341 paystubs and bank statements for the month after filing so the trustee could verify cash balances on my filing date. These pay stubs and bank statements showed my new income, which would have blown my mean test if it was during the pre-filling test period. During the 341 the trustee looked at my bank statements and asked if I had a new job and when I started. I answered yes and said a couple of weeks ago. Nothing else was pursued.

[onwards]

And one more thing...You would answer yes ONLY if at the time of the 341 you had already started the job and all conditions to employment had been satisfied (not including a probationary period). Be very attentive to what the trustee asks and answer exactly his question, no more, no less and as monosyllabic as possible. If all you have is an offer at that time, your answer would be "no" if the question is posed as in my first post.

This is critical.

When I went to my 341, I had a new contract negotiation almost complete - the client had verbally agreed, but we had not gotten through the contract signing yet. I asked my lawyer and he said to simply treat it as a maybe; in other words, I was still hoping that things will turn better rather than being confident of it being so. It didn't matter that I personally felt very confident of it (and rightly so; it did get signed a few days later), because I couldn't be sure. It felt a bit odd but the lawyer was, of course, right from the legal perspective.