Legal Question in Bankruptcy in Georgia

I have a bankruptcy question. I currently have about $20000 in credit card debt and $20000 in student loan debt (I know the student loans probably could not be discharged). I currently work a job that is very stressful to me. I also have struggled with depression and OCD for the past 14 years. While I concede that the debt is my fault, being under a cloud of debt and working a stressful job is not helping my mental health. I recently had to take a loan and disbursement from my 401k recently, and just got a bonus from my job, so that put my previous 6 mos income slightly too high to pass the means test. I can wait another 6 months, but I honestly want a reprieve from the stress of my job. Knowing that I intend to declare bankruptcy anyway, I am considering looking for a new job, which will possibly be lower-paying if I leave the field I currently work in (which is a stressful one, for me). If I leave my current job to take a lower-paying one, would that be grounds for my bankruptcy filing to be rejected? Thanks for your help.


Asked on 3/25/14, 6:27 pm

4 Answers from Attorneys
Charles Andersen Charles Andersen, Atty

No, it would not be. Your concern valid, but bankruptcy is not a child support proceeding, It's on a different level. http://www.anderslawonline.com

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Answered on 3/25/14, 7:16 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

There are occasions when quitting a job or reducing income can be questioned, but those are normally different circumstances than you mention. You may have to answer questions about why you quit.

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Answered on 3/25/14, 8:37 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Hi. First of all, a voluntary decrease in income is rarely a problem in Chapter 7. Second, don't assume that you're "slightly over" a means test until you meet with a lawyer. Many times a lawyer will find legal adjustments that should be made where an over-median debtor passes the means test. I'd have to see your numbers to be sure, but you may be waiting without needing to. Bear in mind these are general statements and I'd have to see your specifics. Please feel free to contact me with those details.

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Answered on 3/25/14, 8:51 pm
Jennifer Jakob-Barnes Jakob-Barnes Law Firm, LLC

You are free to work where you want to work, especially if your current employment is high stress. You must do what is best for your health and a Court will more than likely understand that. More than likely, the change of employment would not be questioned in a Chapter 7 bankruptcy.

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Answered on 3/26/14, 6:54 am


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