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Law Offices of Michael J. Berger | Michael J. Berger
You are not required to have a job in order to file a Chapter 13. You are supposed to have steady income that exceeds your current monthly expenses. If you have steady income from real estate properties, and if you fall within the debt limits set forth in 11 U.S.C. Section 109, then you are eligible to file Chapter 13.
Answer Applies to: California
Replied: 7/15/2011
Financial Relief Law Center | Mark Alonso
You do not need to be a W-2 employee to file for a chapter 13. You can be self employed and still file, but will likely need to submit profit and loss statements as well as bank statements.
Answer Applies to: California
Replied: 7/14/2011
The Law Office of Marvin Wolf | Marvin Wolf
Generally speaking, some form of cash flow is required to fund a chapter 13 plan - it does not need to come from a regular job or even from the debtor himself. Income from real estate investments (profit net of expenses) can be used to fund a plan. However, with multiple properties, there are other issues and chapter 13 may not be the best choice - just because you can file (at least based on this one factor only - I haven't looked at other factors) does not mean you should.
Answer Applies to: New Jersey
Replied: 7/12/2011
The Northwest Debt Relief Law Firm | Thomas A McAvity
Chapter 13 Bankruptcy requires only a regular source of income and not employment per se. You can file.
Answer Applies to: Oregon
Replied: 7/12/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, self employed people do it all the time.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Jackie Robert Geller | Jackie Robert Geller
Chapter 13 requires a regular source of income, so steady income from rental should suffice if its enough to pay your living expenses and chapter 13 plan payment.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Dennis Jay Sargent Jr, PLLC | Dennis J Sargent Jr.
I am not aware of any requirement that a debtor have a job to file Chapter 13, I believe all that is required is regular income. Without regular income, how could you pay the required plan payments in a Chapter 13.
Answer Applies to: North Carolina
Replied: 7/12/2011
Scott Leslie Taylor Attorney at Law | Scott Leslie Taylor
It is possible to file a Chapter 13 if you are self-employed or have a regular source of income other than a wage.
Answer Applies to: Washington
Replied: 7/12/2011
Benson Law Firm | David Benson
Filing a Chapter 13 case requires an income. Due to the complexities of these kinds of cases, I would strongly urge you to seek the advice of competent counsel.
Answer Applies to: Ohio
Replied: 7/12/2011
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
As long as you have a steady income from the rental properties, you do not have to have a traditional w-2 employee job.
Answer Applies to: Michigan
Replied: 7/12/2011
The Law Office of Mark J. Markus | Mark Markus
Sure, assuming you meet all the other eligibility requirements. All it requires is "regular income", which can be from any source, including relatives or other third parties.
Answer Applies to: California
Replied: 7/12/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
You do not have to be a wage earner to qualify for chapter 13. Chapter 13 is available to anyone who has regular income. This can be from any source, including self-employment.
Answer Applies to: California
Replied: 7/11/2011
Harkess and Salter, LLC | Stephen Harkess
Filing for Chapter 13 only requires a steady source of income. The source of the income does not matter.
Answer Applies to: Colorado
Replied: 7/11/2011
Kevin Bluitt, Attorney at Law | Kevin Bluitt
You do not need a job, but for a chapter 13 bankruptcy requires steady disposable income. Disposable income is income left over after you pay for basic living expenses, such as food and utilities. Also, you can't have more than $1,081,400 in secured debt (property or other assets a creditor might take if you don't make payments) and $360,475 in unsecured debt. In a Chapter 13 case you file a payment plan for debts. The court decides on the plan length based on your income (3 to 5 years).
Answer Applies to: Florida
Replied: 7/11/2011
Edward Papa, Esq. | Edward Papa
Yes, if you have regular income you can qualify for a Chapter 13. Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual's unsecured debts are less than $360,475 and secured debts are less than $1,081,400. 11 U.S.C. 109(e).
Answer Applies to: New York
Replied: 7/11/2011
The Schreiber Law Firm | Jeffrey D. Schreiber
A Chapter 13 does not require a wage to qualify. It can be any regular source of income which can be relied upon to fund the Chapter 13 plan payments, whether that be self employment, unemployment, rental income, or whatever.
Answer Applies to: California
Replied: 7/11/2011
Hines Law Offices | Holly H. Hines
A Chapter 13 Plan will require some sort of re-payment therefore you must have some form of income in order to support the plan payment that you are obligating yourself to make. Self-employment income from the rental properties should be sufficient if properly documented.
Answer Applies to: Massachusetts
Replied: 7/11/2011
Ashman Law Office | Glen Edward Ashman
Maybe. That may suffice for the regular income. However, you may have too much secured debt to file if you invest in realty, so you need a lawyer to run the numbers.
Answer Applies to: Georgia
Replied: 7/11/2011
Carballo Law Offices | Tony E. Carballo
No job is required. Owning real estate is a business (you are in the business of renting property) since it requires management. Therefore, you have business or self-employment income that is regular.
Answer Applies to: California
Replied: 7/11/2011
Bird & VanDyke, Inc. | David VanDyke
A ch 13 does not necessarily require a job but does require regular income. If your income is derived from rental property you may have an asset issue. For there to be enough rental income to live on your rentals may have to much equity to file bk. Do yourself a favor and discuss it with an attorney before you file.
Answer Applies to: California
Replied: 7/11/2011
Melinda Murphy Dionne, PC | Melinda Murphy Dionne
To file a Chapter 13 case, you must have regular income that is sufficient to fund your Chapter 13 plan. The source of the income does not matter as long as you otherwise qualify for relief under Title 11.
Answer Applies to: Alabama
Replied: 7/11/2011
