How does a Trustee view new unemployment ?

I want to File Chap 7; just for myself. But since I am married, the wife’s income is part of the Means Test; thus on the Tristee’s radar. A layoff is possible in this economy, but If she quits her job prior to filing – is that problematic for my Chap 7. Does the Trustee verify a “layoff” from a “voluntary ” exit, or do they care ?

Asked on May 15, 2009 under Bankruptcy Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Be careful, please.  Your chapter 7 filing may impact your wife's credit rating.  Yes, a trustee looks at motive, how she lost her job, etc, among the many factors. Under the means test, if there is a presumption of abuse, your entire bankruptcy can be disqualified.

Review the following:

https://bankruptcy-law.freeadvice.com/consumer_bankruptcy/

 

Check out the following form from the U.S. Courts website. http://www.uscourts.gov/rules/Revised_Rules_and_Forms/BK_Form_B22A101105.pdf

 


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