can bankruptcy trustee force me to get a job in my career field?

[courtnek]

I am a professional and I lost my job last Nov. 2009. I am on unemployment. The bankruptcy trustee is extending our case waiting for me to get a job in my field, which is typically high paying. however, my question is, what if I no longer want to work in my profession? they can't make me do that, or can they? thanks in advance. I have looked in my field but have yet to find anything....I would not mind taking a much lower paying job in another field, but it seems that they are saying I have the potential to make alot of $$$. yet, I don't want to work in the field anymore. thanks in advance!!

[HHM]

No

However, in the RARE case if the US Trustee thinks that you are intentionally underemployed for the purpose of filing bankruptcy, they can argue that your BK was filed in bad faith and dismiss the case or deny a discharge.

It is a VERY RARE case for the trustee to try to make, very difficult to prove, so I wouldn't worry about it.

[helpme2010]

I am amazed the trustee can do this. How can you control whether you have a job or not during a recession? If you just filed, then you have been out of work for about a year now, so its not like you just lost your job a couple months ago and filed (making it appear that you possibly wanted to meet the means test).

I am curious when did you file for chapter 7? Do you have a bk attorney? What does your attorney have to say about what the trustee is doing?

I, like many on this board, have posted questions asking if we do find a job before we are discharged, can the trustee or creditors come after us for wages. It appears not, especially after 60 days past the 341 when creditors objections end.

[frogger]

Nothing wrong with a career change. I did, and it was one of the best moves I ever made. Not necessarily from the money standpoint, but for the pure peace of mind and satisfaction with life.

[courtnek]

thanks for the responses. Yes, I am actually in the legal field as well. I was terminated in Nov. 2009 and have been on unemployment. We filed ch. 7 at the end of July. 341 meeting in Sept. However, now the trustee filed a motion to extend the time until end of Feb. to see if I get a job basically. I am sure they are thinking I am waiting to get that high paying legal job after discharge, which is not the case. again, I do have an attorney, but don't really like him much. i don't really want to say to him, "hey. I don't want a high paying job" frankly I didnt like the legal field and don't really want to work in the field although I technically "can" b/c I have the degree. I hope this makes sense. I just want this to be over but it seems it going to be extended even more.

I wonder if they deny the 7 and we have to do a 13-I am curious as to how much a payment would be? I know it would depend on my income should I get a job, but I am just curious. thanks again!

[courtnek]

i guess my concern is with getting the unemployment-I am getting it based upon my salary before. I also am a photographer and have been doing that to make extra $$$ now, I would love to only do that. So do I stop getting unemployment and stop looking for a job in the legal field? then I supposse the trustee would have to just deal with whatever job I get. I have the ability to be home with my kids, which is most important to me. it's so frustrating and stressful

[HHM]

It would be an exceptionally rare set of facts that would give rise to such a Trustee objection. The main caveat is an obvious intention to manipulate employment/income for the sole purpose of qualifying for chapter 7 BK.

For example, imagine an executive making $250,000 per year who "voluntarily" resigns that position and takes a position on the Board of Advisers making only $50K and then 6 months later files BK 7, and has no good explanation for the change in position, the US trustee could try to make a case of it.

Again, I don't want anyone to get worried, these sorts of cases are about as rare as the dodo bird. But it is theoretically possible.

[courtnek]

thanks. I was making about $50K a year before I was let go. Been on unemployment since and they are saying I should be able to find a legal job b/c of that education. I guess I am thinking, I don't want a legal job, at least not one where I have to work 60 hours or more a week. I just wish it would end. ugh.