Can I file for chapter 13 if I just lost my job? 11 Answers as of May 05, 2015

I am currently unemployed and i am behind on my mortgage but would like to keep my home for it belongs to my mother who lives with me. My brother helps pay the bills, but i would like to know if i can file bankruptcy and my brother will help pay until i find a job.

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Any source of income will qualify you for a Chapter 13. Also, your name needs to be on the title of the home to file a Chapter 13 (I assume your name is on the title). Meet with an experienced BK lawyer face-to-face to get all of your questions answered fully. Good luck!
Answer Applies to: Colorado
Replied: 5/5/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
In order to get a chapter 13 plan approved or confirmed, you will need to demonstrate that you have enough money to pay your ongoing living expenses and pay an additional amount that will let you catch up on your mortgage arrearages. If your brother is willing to sign a sworn declaration that he will give you enough money every month for the next 5 years, he is a prince. Most bankruptcy trustees will accept this arrangement to allow you to proceed in chapter 13.
Answer Applies to: Nevada
Replied: 5/4/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
To file chapter 13, debtor must have regular income, and there are some debt amount restrictions but most people fall well below those numbers so I assume this will not be an issue. Unemployment is income, although it probably is less than what is needed to keep things going. Your brother's regular contributions to the household are also income. The plan you propose must be feasible, this is where details of your financial situation play a role. Since filing a chapter 13 is not something you want to do on your own without an attorney please research and find a lawyer with chapter 13 experience in your local area. Unlike chapter 7, success rates for chapter 13s where debtor is self represented is under 2% and with so much at stake having a good lawyer take care of your case is critical. The attorney at consultation will evaluate your situation and should be able to advise you on if and how filing can help as well as the best timing for filing the case, etc. Get a consult sooner rather than later, even if you decide to hold off on filing while pursuing other avenues before they are exhausted, it's comforting to understand all of your options.
Answer Applies to: California
Replied: 5/4/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
It can be done, but it will face big obstacles. Find a very skilled bankruptcy lawyer to assist you. Since chapter 13 requires that the debtor have regular income, the relatives who are going to help tide you over will have to demonstrate that they can afford to give you the amount of money needed each month, for as long as necessary. They would probably have to submit affidavits, and conceivably appear at a court hearing if any creditor or the trustee objects. And that is likely to happen. A good lawyer might be able to solve the problem with you. Our firm has done Such work before. Good luck.
Answer Applies to: Wisconsin
Replied: 5/4/2015
Ronald K. Nims LLC | Ronald K. Nims
A requirement of Chapter 13 is having a regular income. Since you're currently unemployed, you'll probably need to wait until you find a new job before you can file.
Answer Applies to: Ohio
Replied: 5/4/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Its not likely that a trustee will confirm your chapter 13 plan if you are unemployed.
    Answer Applies to: New York
    Replied: 5/4/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    A bankruptcy may not be exactly what you need right now. If you are unemployed and struggling to make your mortgage payments, you should talk to a non-profit housing counselor who can suggest programs that may be available to help keep you in your home. A chapter 13 requires regular income, so it is unlikely that you would succeed with a chapter 13 until you get another job. If a foreclosure is imminent, then you could file a chapter 7 just to stop the foreclosure and buy yourself some time to investigate more options. That would get you at least 30 days, and probably more.
    Answer Applies to: Oregon
    Replied: 5/4/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    As long as you can somehow pay what has to be paid you can file ch13. Get a lawyer on this. Ch13 is not easy. You may find one at nacba.org. See the attachment.
    Answer Applies to: California
    Replied: 5/4/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If you are hoping to successfully file a chapter 13 bankruptcy case you really need to retain an experienced lawyer to guide you through that process. Few cases that are filed without an attorney ever reach the stage of a confirmed plan. Your questions indicate that yours is NOT a simple situation. Please hire a good lawyer to assist!
    Answer Applies to: Colorado
    Replied: 5/4/2015
    Stephens Gourley & Bywater | David A. Stephens
    Technically you have to have regular income to file a chapter 13. The trustee would likely require some type of agreement with your brother that he will pay you money every month to fund the plan.
    Answer Applies to: Nevada
    Replied: 5/1/2015
    Bensamochan & Poghosyan LLP | Eric Bensamochan
    Generally you can file for Chapter 13 as long as you can document the income source. So, for example, if you are getting financial help from your brother, then you could file a "contribution declaration" signed by him as to the amount he pays every month towards the expenses and arrears, etc.
    Answer Applies to: California
    Replied: 5/1/2015
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