Employment status

[tianh2002]

Hello everyone,

I am planning to file the Chapter 7. I've been unemployed for 2 years and recently just got a job about 2 weeks. I will get my first pay check in Jan 29. If I file for chapter 7 on Jan 27, will I consider unemployed 60 days prior to the filing days?

I know that you need to provide 60 days pay stub prior your filing date. If you unemployed, you can make a statement of unemployed for 60 days prior to the filing date. So if I file the chapter 7 prior to my first pay check date, will i be consider unemployed for 60 days prior to the filing date?

Thanks so much

[tdawg]

Hello everyone,

I am planning to file the Chapter 7. I've been unemployed for 2 years and recently just got a job about 2 weeks. I will get my first pay check in Jan 29. If I file for chapter 7 on Jan 27, will I consider unemployed 60 days prior to the filing days?

I know that you need to provide 60 days pay stub prior your filing date. If you unemployed, you can make a statement of unemployed for 60 days prior to the filing date. So if I file the chapter 7 prior to my first pay check date, will i be consider unemployed for 60 days prior to the filing date?

Thanks so much

Hey Tian,

If you have already started a job, then when you file, you definitely cannot put down that you are unemployed. I think that could be considered bk fraud.

[ChaseDidThis]

Hey Tian,

If you have already started a job, then when you file, you definitely cannot put down that you are unemployed. I think that could be considered bk fraud.

And even if you could it really doesn't matter as schedule I and J are forward looking which will have to include your income and expenses going forward, and thats whats really going to matter.

[tianh2002]

I am more worry about the 60 days pay stub requirement for Chapter 7. My income is low enough to pass the mean test. Chapter 7 require 60 days pay stub. But I only started working for 2 weeks. So I only have 1 pay stub for 2 weeks. Therefore, I think I need to make a statement of unemployment for 30 days before filing. I just don't know should I just make a statement of unemployment for 30 days or 60 days. That's all.

Please help me out. THanks

[justbroke]

This reads like deja vu as I answered this earlier for someone. If I were you, I'd talk to my attorney or I would be making a call to the Clerk of the Court and ask to speak with your Case Manager for a procedural question. That procedural question should be on how to file an unsworn statement regarding pay advices when you were unemployed for most (or all) of that 60 days.

You may want to file a Statement that you don't have 60-days in pay stubs. The reason is that the 60-day paystub requirement is mandatory and is cause to have your case dismissed. You could just submit an unsworn statement that you just started working and that you only have worked 30 days prior to filing. Please note, that this is not a Trustee requirement, but is a filing requirement with the Court. You must deal with this issue with the Court, and hence why I suggest the unsworn statement being filed.

As a footnote to all this, please don't open multiple threads with the same questions. it dilutes the responses.