Expert: Mark J. Markus- California Bankruptcy Attorney - 3/17/2009

Question
I filed chapter 7 on 12-3-08, met with the trustee on 12-13-08 and my discharge date is 3-15-09. I live in Texas and have been unemployed for 10 months now. I am hopeful of getting a job or a contract position. My attorney told me when I filed that if my income jumped higher from what we claimed on the means test prior to my discharge date, that they could change my chapter 7 to a chapter 13. In reading other online accounts, they said once we filed bankruptcy, ANY money we make after the date of filing is not subject to changing our status. Could you shed some light on this?

Answer
First of all, the means test looks at the 6 months of income prior to filing the bankruptcy case; it is not prospective.  Schedules "I" and "J" are another story.  If you did not know about the new job on the date you filed your Chapter 7 case, then it should not factor in to your ability to pay.  In any event, according to the dates you just provided, you have already received your discharge, so I wouldn't worry about taking a new job now.