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Should I Update My Forms If I Get a New Job Before Filing?

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In a Nutshell

Congratulations on your new job! If you haven't filed yet, and you really don't know what your monthly income will be until your first paycheck comes in, you have one of two options for how to handle this.

Written by Attorney Andrea Wimmer.  
Updated September 8, 2020


First of all, congratulations on your new job! 

If you haven't filed yet, and you really don't know what your monthly income will be until your first paycheck comes in, you have one of two options: 

(1) Wait until you get 1 - 2 paychecks and use them to update your income as shown on your Schedule I before filing. The advantage of this is that you won't have to worry about amending (updating) the form later. The downside is that you won't get the protections of the automatic stay until your case is filed and you may not be able to wait this long due to a looming foreclosure, garnishment or other legal action you’re hoping to stop with your bankruptcy filing.

(2) File now, but make a note at the bottom of your Schedule I that you've gotten a new job and expect your income to change as a result. If you've received one or more pay stubs by the time your 341 meeting takes place, make sure to bring copies for your trustee and - when they ask whether anything’s changed since you filed your case - let them know about your new job. The trustee may tell you to file an amended Schedule I or not - it depends.  

Upsolve Users: You can make these updates by logging into your account at https://my.upsolve.org/login. If you need to amend your Schedule I after your case has been filed, please visit help.upsolve.org and use the "Submit a Request" feature in the top right corner to send us a message. 



Written By:

Attorney Andrea Wimmer

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Andrea practiced exclusively as a bankruptcy attorney in consumer Chapter 7 and Chapter 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team full time in August 2019. While in private practice, Andrea ha... read more about Attorney Andrea Wimmer

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