Can you be unemployed and file for Chapter 13 bankruptcy? 5 Answers as of October 29, 2010

What happens if I become unemployed while I am in chapter 13?

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Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Under Chapter 13, you need to have disposable income to pay toward your debts. Generally, being unemployed will not support that extra income. If you become unemployed while in chapter 13, you can always convert your case to chapter 7.
Answer Applies to: California
Replied: 10/29/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
You must be a regular wage earner to file and maintain a chapter 13.
Answer Applies to: California
Replied: 10/28/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Yes, you can file a chapter 13 if you have disposable income to meet your payment plan obligations.

Yes, you can be unemployed while you are in a chapter 13 so long as you can meet your monthly payment obligations to the trustee and secured creditors (mortgage or leased vehicle or equipment). If you cannot continue making the payments, you should seek assistance from friends or family (contributors) and/or modify the payment plan. Failure to make payments may result in a dismissal or a conversion to chapter 7 liquidation.
Answer Applies to: California
Replied: 10/28/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
You must have "regular income" to file a Chapter 13 case. This can be from a 3rd party source other than an employer such as a family member, or unemployment compensation, social security, etc.
Answer Applies to: California
Replied: 10/28/2010
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