Can I quit my job to qualify for a 7?

[my2girls]

Hi all,
just wondering if my wife should quit her p.t. job to help us qualify for a chpter 7? Her salary puts us over and without it we will comfortably pass the means test. We currently are over on the means and trying to work the DMI to qualify. Don't want to do a 13? Any advice?

[keepmine]

Nothing in the bk code requires anyone to work.
I'm sure she needs to spend more time with your 2 girls.

[justbroke]

While nothing requires it, the Trustee and/or the UST "may" raise some issues if you voluntarily quit in order to qualify. Someone who quits or becomes underemployed for the sole purpose of passing the means test... may or many not get caught. If you're coming from a high-income profession and suddenly quit, the Trustee will likely ask questions and probe in this area.

I would make sure your ducks are in a line. If you have children, a great reason for the spouse to quit work is to care for school-aged children. When I filed, they asked me why my wife didn't work. I answered "she takes care of the school-aged children". No more questions were asked.

[keepmine]

I'm assuming that our posters wife will not blurt out "I quit to qualify for a Chapter 7" {if asked}.
In this instance, she has a PT job and the need to spend more time with family shouldn't raise any eyebrows.

[dman]

Don't quit so you will qualify for bankruptcy. Quit for other reasons (work too stressful, want to see the kids more, etc.) and if that happens to push you into a bankruptcy, so be it!

[wikkibird]

Yea...I tried that route and my lawyer basically no, don't do that as it'll raise red flags and look like fraud. I had already put in my two week notice when he stated that. So, basically, unless I am fired, I'm stuck working. My daughter is stuck at daycare and I'm missing the first few years of her life. /fail

[keepmine]

Yea...I tried that route and my lawyer basically no, don't do that as it'll raise red flags and look like fraud. I had already put in my two week notice when he stated that. So, basically, unless I am fired, I'm stuck working. My daughter is stuck at daycare and I'm missing the first few years of her life. /fail

Were I you, I'd get another couple of opinions.This attorney sounds overly cautious.

[wikkibird]

I probably should clarify that we had already filed and were in the midst of the 341 meeting when we had done a hypothetical scenario of me quitting work (the lawyer didn't know I had already given my two week notice). His advice was not to, as it would look suspicious for me to quit, just so I could stay home with the kiddo. I can see why it would have looked like fraud.

Don't get me wrong, I do love my job and my boss! But, I see that my daughter thrives playing with her friends at daycare. She smiles and says bye bye to me when I drop her off, so I know she's happy. :-)

[justbroke]

There have been cases where a case was dismissed because the debtor(s) quit their job for no reason other than to obtain a discharge under Chapter 7. I would only entertain this option under the direction or and support of an attorney. The worse thing you could do is quit a job, find out you can't get a discharge, and then have trouble replacing the job and that income. It has a level of risk that I would not take, even if I had a legitimate reason. If there was already a legitimate reason to quit, it would have already been done.