A promotion is usually something to celebrate. When you are in Chapter 13, though, it can also raise an uncomfortable question. Will your payment go up now that you earn more?
Sometimes it will. Sometimes it will not. A higher salary does not automatically cancel your case or require you to hand over the entire raise. The trustee and court will look at what actually changed in your household budget.
Tell your bankruptcy attorney as soon as the promotion becomes official. Give them all of the information that you have, including the offer letter, new salary, start date, bonus details, and information about any changes to insurance or other benefits. Your attorney can review the numbers before the first larger paycheck creates questions.
What Income Changes You May Need to Report
The exact rules can vary by court, trustee, and confirmation order. That is why it is risky to decide on your own that a promotion does not need to be reported.
Give your attorney more than the new annual salary. Include commissions, expected bonuses, stock compensation, mileage reimbursements, and benefit deductions. A job that pays more on paper may produce a much smaller increase in take-home pay.
When a Higher Salary Could Change the Plan
A permanent salary increase is more interesting to the bankruptcy court than a pay increase from working overtime. The court is likely to care about whether the new income is substantial, predictable, and available to help repay creditors.
A one-time bonus falls somewhere in the middle. It may need to be disclosed even if it does not lead to a permanent increase in the monthly payment. The same is true for commissions that change from month to month.
Do not change your plan payment on your own. Keep paying the amount listed in the confirmed plan until your attorney or the court tells you otherwise. Sending less can put the case at risk. Sending more without a clear reason can create confusion about how the money should be applied.
Which New Expenses Could Matter
While your promotion comes with more money, it can also come with increased costs that are easy to overlook. A management position may require more childcare, a longer commute, paid parking, professional clothing, or travel that the employer does not fully reimburse.
These expenses can matter, but you need proof. Save invoices, receipts, benefit statements, mileage records, and anything else that shows how the new position changed your budget.
Be realistic. The trustee may accept an additional childcare bill required by your new schedule. A new luxury vehicle purchased after the promotion will probably receive more scrutiny. Necessary expenses and lifestyle upgrades are not treated the same way.
Why You Should Tell Your Bankruptcy Attorney Right Away
A raise is not bad news for your bankruptcy case. Hiding it is.
Trustees can learn about income changes through tax returns, pay stubs, employer records, or annual financial updates. An increase that would have been manageable can become a larger problem when it appears that you tried to keep it quiet.
Giving the information to your attorney so that they can disclose it early lets your attorney put the change in context. For example:
- Maybe the raise is modest after deductions.
- Maybe new work costs absorb most of it.
- Maybe the plan needs a formal adjustment.
Your attorney can address those issues before the trustee starts asking why the new income was not reported.
Contact Kain + Henehan About Changes to Your Income
Kain + Henehan works with people who need to file for bankruptcy. We can review your promotion, new expenses, current plan, and any reporting duties that apply to your case. We will explain whether your payment is likely to change and help you provide the right information to the trustee or court.
Call our St. Cloud office at (612) 438-8006 or fill out the online form before the new salary begins. A better job should help you move forward. Careful handling can keep that progress from creating problems in your Chapter 13 case.