Can i quit my job and file bankruptcy? 22 Answers as of July 30, 2011

Can I file while I am still working and have an income but then quit before the creditor's meeting?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
The look back period as to income is 6 months BEFORE the BK filing
Answer Applies to: Washington
Replied: 7/22/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
Not relevant without other facts.
Answer Applies to: Michigan
Replied: 7/22/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
yes
Answer Applies to: California
Replied: 7/21/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Yes.
Answer Applies to: Maryland
Replied: 7/20/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
The income considered when you file bankruptcy goes back for six months before you file, so you would have to be unemployed for a considerable time if the amount of income is an issue concerning filing.
Answer Applies to: California
Replied: 7/20/2011
    Rosenberg & Press, LLC
    Rosenberg & Press, LLC | Christopher D. Hite
    If you are over means test amounts and transparently quit high wage job to water down average income, that seems awfully fraudulent. Quitting a job of modest means within acceptable limits would just be senseless.
    Answer Applies to: Connecticut
    Replied: 7/20/2011
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    It's attempts like this to game the system that gets people thrown in jail. Bankruptcy fraud is a federal crime. People get prosecuted for this. The sad part is that many times, it was not necessarily to lie or scheme in the first place. A good lawyer can usually exempt most if not all of your assets, or file a different type of bankruptcy. Just because someone is working doesn't mean they can't file bankruptcy. I file for working debtors all the time. Honest but unfortunate debtors get a bankruptcy discharge. Dishonest debtors get visiting hours.
    Answer Applies to: New Jersey
    Replied: 7/20/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You can, but what would be the point? Your income for means test purposes is the income earned in the 6 full months BEFORE you file. If you are in a Chapter 7 then it won't matter what happens to your income after you file. If you are in a Chapter 13, the loss of your income will likely make the plan not feasible and lead to the dismissal of your case. In either case, quitting your job will not help you.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes. Although you may have an issue with regard to any secured debt you wish to reaffirm. Also this would only apply in a chapter 7 as a 13 will require regular income.
    Answer Applies to: California
    Replied: 7/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you file a 13 that will destroy the 13. If you file a 7, that will eliminate the ability to reaffirm debts. It would seem very foolish to do this, but if you want to do it, discuss it with your lawyer.
    Answer Applies to: Georgia
    Replied: 7/20/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There is no incentive or good reason to quit a job either in anticipation of filing bankruptcy or after filing bankruptcy.
    Answer Applies to: California
    Replied: 7/20/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    Yes
    Answer Applies to: Texas
    Replied: 7/20/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Why? So you'll have no income to show and so you don't have to pay for some items? No. That's fraud.
    Answer Applies to: Virginia
    Replied: 7/20/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Quitting your job in order to meet filing requirements for ch. 7 is not advised. That will look like a voluntary loss of income and potentially an attempt to defraud your creditors in order to qualify for the ch. 7 discharge. If you are looking to quit your job for another reason other than trying to meet income requirements, you may want to do so after the bankruptcy is completed so that there are no questions that are raised about this issue.
    Answer Applies to: California
    Replied: 7/20/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can quit your job whenever you want.
    Answer Applies to: California
    Replied: 7/20/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Why would you do that??
    Answer Applies to: California
    Replied: 7/20/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Why would you do that? You eligibility is based on the 6 months of income * before* you file. If you qualify why would you quit your job? (which by the way, are very hard to get now).
    Answer Applies to: California
    Replied: 7/20/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    The six month look back period is based upon the six months prior to filing. You should talk to a bankruptcy attorney before you go too far down the road you are on. You need proper advice and not advice from LawQA (as great as this advice may seem).
    Answer Applies to: Oregon
    Replied: 7/20/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    You must have a source of income to fund a Ch13 plan; otherwise, employment is somewhat irrelevant to the BK process.
    Answer Applies to: Mississippi
    Replied: 7/20/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    I do not know why you would do that. Income matters most on the Means Test and Schedule I which are based on the filing date and prior.
    Answer Applies to: California
    Replied: 7/20/2011
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