How can I file for a chapter 13 bankruptcy if I don't have a job? 18 Answers as of March 05, 2012

I am unemployed and need to file for bankruptcy. I do, however, get some spousal support from my ex which is like a steady income. Is it possible for me to file for a chapter 13?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
No, you need to be able to afford the plan. Contact a local attorney for specifics.
Answer Applies to: Washington
Replied: 3/5/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
You do not need to be employed to file chapter 13, as long as you have regular income.
Answer Applies to: California
Replied: 2/17/2012
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Why do you want to file a chapter 13? Do you have a mortgage that you are behind on? Is there income tax debt to pay back? If you don't have a good reason to file a chapter 13, you should consider filing a chapter 7. If you have a reason to file a chapter 13, you can use your spousal support payment to fund a plan assuming you have enough left over after paying your expenses.
Answer Applies to: California
Replied: 2/16/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Depending on the amount and your other expenses, maybe. Non-work income can fund a 13 plan. Such cases are more complex than wage earner Chapter 13s and you definitely need legal counsel.
Answer Applies to: Georgia
Replied: 2/14/2012
Ipson Law Firm, PLLC
Ipson Law Firm, PLLC | Michael Ipson
You can depending on if you are receiving enough to cover a Ch 13 plan. I would talk to an attorney to see if this would work in your situation.
Answer Applies to: Utah
Replied: 2/14/2012
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    It is possible to file for a 13 if you have steady income from any source. Unemployment Compensation and spousal support would work. Of course, you do need to show the ability to pay something into the 13 plan each month. I find myself wondering why you would need the shelter of Bankruptcy Court. If you have no assets to attach, why file? Simply wait 'til you find a job. Perhaps you are being foreclosed upon or a car repo is threatened. Good luck.
    Answer Applies to: Ohio
    Replied: 2/14/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If your support will last at least the 3 years of the bankruptcy and if your support payments is enough to pay your living expenses and part of your debt.
    Answer Applies to: New York
    Replied: 2/14/2012
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If the spousal support is high enough to support your ch 13 payments, then yes it can generally be counted as your income and allow you to file Ch 13. Good luck!
    Answer Applies to: Michigan
    Replied: 2/14/2012
    Bereliani Law Firm | Sanaz Sarah Bereliani
    You can file as long as you can show that your total income can support the payment. The income can be from sources like rental income, spousal support, family support, etc... You definitely need an attorney to set this up for you so that you do not have any problems. Chapter 13 can be tricky. Good luck!
    Answer Applies to: California
    Replied: 2/14/2012
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    Is there a reason you want to do Chapter 13 instead of 7? Without more information I would think that you would be looking at a Chapter 7 instead.
    Answer Applies to: Utah
    Replied: 2/14/2012
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    I have filed cases under Chapter 13 based on that type of regular income.
    Answer Applies to: California
    Replied: 2/14/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, you can file a Chapter 13 case since you have a regular source of income. The question is whether you have enough income based on your budget and the required plan payments and can make those payments.
    Answer Applies to: California
    Replied: 2/14/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You could file ch13 based on spousal support. But if you can file a CH7 why wouldn't you? You should check with a lawyer before you do anything.
    Answer Applies to: California
    Replied: 2/14/2012
    Weber Law Firm, P.C.
    Weber Law Firm, P.C. | William Weber
    A job is not required so long as you have regular / steady income) that will not be interrupted in the future.
    Answer Applies to: Texas
    Replied: 2/14/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    You don't need a job as long as you can prove that you have a source to provide for your monthly plan payment.
    Answer Applies to: Florida
    Replied: 2/14/2012
    Law Office of Louis S. Haskell
    Law Office of Louis S. Haskell | Louis Haskell
    Here in Massachusetts the Trustees are not so concerned about the source of income. That might not be true in other states. I would not have a problem filing such a petition here if it otherwise seemed appropriate.
    Answer Applies to: Massachusetts
    Replied: 2/14/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If it is a regular source of income, it does not have to come from a job. The issue is whether it is enough to make the payments required in a Chapter 13 plan. You should be aware that most Chapter 13 plans filed without an attorney fail as the debtors who file themselves do not understand how to put together a confirmable Chapter 13 plan.
    Answer Applies to: California
    Replied: 2/14/2012
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