Quittting my Job?

[runner4life]

The means test is not even based on current income, it's based on the last 6 months of income.

[keepsmiling]

New guy + useless posts+ ancient threads =

[helpmeout]

Deleted.

[LadyInTheRed]

I do not think there should be any problem but ya they may ask you about your past experience as well as past jobs and most most importantly how you left your last job. So it may raise an issue.

woodkevin0, welcome to BKforum. This thread is 2 years old. Please do not revive old threads. Please take the time to review forum rules at http://www.bkforum.com/announcement.php?f=3

Thank you.

[woodkevin0]

I do not think there should be any problem but ya they may ask you about your past experience as well as past jobs and most most importantly how you left your last job. So it may raise an issue.

[BCA2009]

FYI - the original post is old. See the update from 8/3.

I'm not sure when it is 'safe' to apply for U/C. But I see potential issues at the 341, should the trustee ask about how your last job ended and why you are not now drawing U/C. Remember, paystubs & tax returns are filed with the petition. It will be obvious that you recently stopped working...

I guess anything could happen, so be prepared, but we didn't file for UC because it would have put our income too high. The trustee didn't ask anybody the day of our 341 about job status or why they were or weren't working. Or why they were or weren't drawing UC.

The trustee just doesn't have time to look into it. There are so many reasons for not getting UC or not having a job. It's not required to have reason documented anywhere in the paperwork so the trustee would have to track it all down manually even if he could do something about it.

[SMinGA]

FYI - the original post is old. See the update from 8/3.

I'm not sure when it is 'safe' to apply for U/C. But I see potential issues at the 341, should the trustee ask about how your last job ended and why you are not now drawing U/C. Remember, paystubs & tax returns are filed with the petition. It will be obvious that you recently stopped working...

[Pandora]

agree with the other poster - if FMLA is available to you (is there over 50 employees in your workplace? if so.. FMLA should apply) - then put it to use and get your 12 weeks. That way your job is secure - although it may not be the exact same position you have now, but they must guarantee you a job upon your return at the same pay you were.

Dont throw away your job - jobs are hard enough to find.

[sac42375]

Not necessarily a suiced for me. I am a liscensed Medical Lab Technician and I know there are definately more opportunities to find work in my field than there are in a lot of others, and since my husband is a fireman we have great insurance through his work. Thank God... I am hopeful my boss might take me back when this is all done, and if not there are plenty of other hospitals in the area where I could probably find work. It was definately a risk we thought was worth taking. I just want to apply for unemployment now but I think we have to wait until after 341 meeting is over? Or is just filing good enough?

[scorpion35]

I am currently on medical leave but my work will not hold my position for too much longer. I want to just go ahead and resign vs getting fired. Will that be a problem for the trustee?

Thanks... This forum has been a godsend for me and my husband..

going on medical leave or quitting your job just to qualify for BK in this economy is suicidal
plenty of peope want a job but can't find one

[sac42375]

Thanks for all the advice! StartinOver, luckily we ended up qualifying for Chapter 7 and now have a different paralegal. The Chapter 13 paralegal made soo many mistakes with our case. On our forms she listed us as having 3 children, when we have none.. and I miracously now have a 41,000 401K, when I have none.. I could go on and on... As for the unemployment, I was laid off 3 weeks ago , we filed last week. Would it be okay to file for unemployment since we have already filed or should we wait until the 341 meeting is over first?

[AngelinaCat]

[Flamingo]

Filing bankruptcy will not solve all your other problems...i.e., cash flow issues, lack of income, etc. Your employer will not do anything illegal to work with you to keep your employment. Your medical leave agreement should give you a time by which you need to return to work or your employer can let you go if you don't return and hire someone to take your position. You should have a copy of the paperwork you signed for your leave - now is the time to review it. As to whether or not you not returning to work would affect your BK filing....it appears you have retained an attorney who should know your financial situation - contact him/her directly and ask.

[keepmine]

Nothing in the bk code says you must be employed.
You'll not be the first on this site who quit a job or turned down OT to keep there income down.
If you're asked, don't say something like, "you need your income to be zero".
Just say you took a medical leave and there was a limit as to how long your company could hold your job and you resigned to make it look better for reaume purposes should you be able to rejoin the workforce in the future.

[jsofaz]

I just had my 341 the other day. I haven't been employed since October of 2009. The trustee did ask me why I wasn't working anymore. My facility was closed hence I lost my job. I have no idea if the reason mattered or not. I can only say that I was asked. I am in Arizona, if that matters.