Can I file for bankruptcy if I am unemployed? 26 Answers as of June 09, 2013

I was recently terminated from my job and I am worried about all my bills that I have to pay. I am thinking about filing for bankruptcy and would like to know what to expect. What are my options?

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes.
Answer Applies to: California
Replied: 6/3/2013
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes.
Answer Applies to: Washington
Replied: 6/9/2013
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes, many unemployed people file for bankruptcy relief.
Answer Applies to: Indiana
Replied: 8/5/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
Of course you can file. That is what bankruptcy is for. Talk to an attorney sooner than later. You deserve a fresh start.
Answer Applies to: Michigan
Replied: 7/29/2011
Bankruptcy Law Center
Bankruptcy Law Center | Bill Zurinskas
Yes, you can file chapter 7 bankruptcy if you are unemployed. Chapter 13 bankruptcy requires a payment plan and you must have some regular income source to qualify.
Answer Applies to: Colorado
Replied: 7/27/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes you can file. There is no reason why you can't.
    Answer Applies to: California
    Replied: 7/27/2011
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    Losing a job is one of the main reasons people file for bankruptcy. When income drops severely, then a person has to prioritize which bills get paid and which do not. I explain a lot about bankruptcy on my website,
    Answer Applies to: New Jersey
    Replied: 7/27/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    Employment is not a requirement to file for bankruptcy. If you no longer have an ability to pay existing debt, Chapter 7 allows you obtain relief from those obligations. Although the previous six months of income is taken in to consideration, Changes in economic circumstances allow for discharge of the debt. Everthing is dependent on current income and family size.
    Answer Applies to: Utah
    Replied: 7/27/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Yes, you can file for bankruptcy if you are unemployed. Whether or not bankruptcy is your best option will depend on an evaluation of your assets, debts, income and expenses. Other options include doing nothing and debt settlement.
    Answer Applies to: California
    Replied: 7/27/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Of course you can.
    Answer Applies to: California
    Replied: 7/27/2011
    Greifendorff Law Office
    Greifendorff Law Office | John Greifendorff
    Yes. There is a qualification based on income in the six months preceding the month in which you file the case. Consult with a local bk lawyer.
    Answer Applies to: California
    Replied: 7/27/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    You can file chapter 7 with no income but not a chapter 13. I would recommend a chapter 7 and you would indictate in your petition that you simply have no income.
    Answer Applies to: California
    Replied: 7/27/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    You can definitely file a ch. 7 while you are unemployed. In fact, it would make sense for a debtor to go that route especially if they are unemployed because there is an income cut off that you need to meet in order to qualify for a ch. 7. On the other hand, you can't really file a ch. 13 if you don't have an income because that chapter requires you to pay back a portion of your debt over time and therefore you must submit a plan in which you can afford to do this. Deciding which chapter to file also depends upon what assets you have and which would be exempt in the bankruptcy. If you have a home mortgage payment that you are past due on, you may have to consider a ch. 13, unless you can either get yourself caught up on the back payments or obtain a loan modification. You should speak with an attorney regarding these additional issues as that would likely steer which direction you go in.
    Answer Applies to: California
    Replied: 7/27/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    You can file bankruptcy whether you are employed or not. One reason to hold off filing when you are unemployed is that you may still be incurring debts which could be included in the bankruptcy. Usually it is best to wait to file until you are employed.
    Answer Applies to: California
    Replied: 7/27/2011
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes that is one of the reasons to file bankruptcy
    Answer Applies to: New York
    Replied: 7/27/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    You may file if you are unemployed.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Bobby Yaghoubian
    Law Office of Bobby Yaghoubian | Bobby Yaghoubian
    Yes. You may file for bankruptcy if you are not employed. In fact, it is usually the most appropriate time to file. Of course, when to file really depends on your particular set of circumstances. An attorney would be able to advise you whether you qualify and whether filing is your best option.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Yes, you can file. I usually like my clients to try to wait until they have another job. If you file before then and an emergency arises, you're sunk. Find a lawyer in your area so you can do some planning and know when a "must file" event occurs.
    Answer Applies to: Virginia
    Replied: 7/27/2011
    Law Offices of Lawrence J. Marraffino, P.A.
    Law Offices of Lawrence J. Marraffino, P.A. | Lawrence J. Marraffino
    You can file a Chapter 7, but not a Chapter 13. Bankruptcies are complicated and require a face to face consultation.
    Answer Applies to: Florida
    Replied: 7/27/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Since no one here has seen your numbers there is no way to answer specifics, but of times the best time to file is when you have no income. It's not a do it yourself project, so let a lawyer run your numbers and help.
    Answer Applies to: Georgia
    Replied: 7/27/2011
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    Anyone can file for bankruptcy regardless of whether they are employed or not. Bankruptcy is one option. Another is to contact each of your creditors, explain the situation, and try to work out some sort of repayment plan with them. A third option is to ignore your creditors, which will probably result in telephone calls, demand letters and possibly even lawsuits to collect the debts. While not an attractive option, it is an option nonetheless. If you file bankruptcy, all attempts to collect the debt must stop.
    Answer Applies to: Utah
    Replied: 1/21/2013
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    Chapter 7 is an option, but not Chapter 13 or 11 without income.
    Answer Applies to: California
    Replied: 7/26/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Absolutely you can.
    Answer Applies to: California
    Replied: 7/26/2011
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