Ask a Lawyer - Archive



   
Changes in Income Post Filing
Cathleen Cooper Moran

Q. 

The court date for my chapter 7 bankruptcy is July 1st. I just found out yesterday that I will be promoted, and will get a salary. I will be making more than before, but don't know exactly how much. Is it necessary at this stage to disclose this to my attorney?



-- Tom

A. 

A basic principle is that you want to disclose EVERYTHING to your attorney. Only an attorney with all the facts can guide you reliably through the case.

There is a split in the courts as to whether changes in your situation between filing and the first meeting of creditors are to be considered in the "ability to pay" analysis.

Tell your attorney and ask what the local view of these facts is. In the absence of a local rule where I practice, I tell my clients to listen carefully to the trustee's questions, and answer truthfully only the questions that are asked.



-- Cathleen Cooper Moran






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