Legal Question in Bankruptcy in Florida
I am filing a chapter 7 bankruptcy. I have been under a company's disability for over a year and fall under the Florida median income for the means test. I was recently offered a position, out of state, for a salary well above the median income. Will the BK court allow my BK or does the Court consider future income? I do not own any property or vehicles and all other assets ate exempt.
2 Answers from Attorneys
Future income is rarely an issue in a Chapter 7, which is a "snapshot" of your situation on the date you file. Wages you earn after you file are yours to keep.
You should file before you accept and take the job. There is a Schedule in which you are asked to describe "expected changes to income", but I have never seen that used to keep anyone out of a Chapter 7 if they qualify for 7 under the "means test". If you have not yet accepted the job, it's even more difficult to see how the "possibility" of future income at a job you have not accepted can be used as the basis of an argument that you should not be in Chapter 7.
Once you pass the "means test", which you say you will, then it is extremely unlikely that you would ever be forced into a Chapter 13 case. Even if you were, you could get out of the 13 and the bankruptcy altogether by not making the Chapter 13 payments.
An experienced bankruptcy attorney can explain this too you quite easily.
Good Luck
Robert Wilcox
(904) 281-0700
Future income is rarely considered especially since you have not accepted the job, however, you should file right away.
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