Will unemployment affect my bankruptcy file? 38 Answers as of January 21, 2013

I am currently unemployed and need to file for bankruptcy. How will this affect my file?

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Heupel Law
Heupel Law | Kevin Heupel
Being unemployed will not be an issue if you file bankruptcy.
Answer Applies to: Colorado
Replied: 8/26/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
you will qualify under the means test for a ch 7
Answer Applies to: Washington
Replied: 8/11/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
No
Answer Applies to: Maryland
Replied: 8/6/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
No. Having no income or unemployment income is fine for a chapter 7.
Answer Applies to: California
Replied: 8/5/2011
Glen A. Kurtis, P.C.
Glen A. Kurtis, P.C. | Glen A. Kurtis
The unemployment would be considered as income on the petition.
Answer Applies to: New York
Replied: 8/4/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    It should make it easier to pass the means test
    Answer Applies to: Connecticut
    Replied: 8/4/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    You do not need to be employed to file bankruptcy.
    Answer Applies to: California
    Replied: 8/4/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Unemployment is income for purposes of means testing and disposable income. If unemployment is the only family income, it will not be enough to affect means or disposable income in California.
    Answer Applies to: California
    Replied: 8/4/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No effect at all. Many unemployed people file.
    Answer Applies to: California
    Replied: 8/4/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    The answer is dependent on what Chapter you will file under. Unemployment can be an issue if you are filing under Chapter 13 because you need to show regular or steady income in the household. If you are filing under Chapter 7 then lack of income is not an issue.
    Answer Applies to: California
    Replied: 8/4/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No one has seen your detailed finances, so there is no way to answer you. If you are considering bankruptcy you MUST get legal counsel. Pro se cases usually go badly. Unemployment generally wrecks Chapter 13s and may help Chapter 7s. But knowing a general rule doesn't answer what it does in your case. That requires a review of your overall situation.
    Answer Applies to: Georgia
    Replied: 8/4/2011
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    unemployment should have no effect on your eligibility to file bankruptcy. In fact, if your income was originally too high to file Ch 7, being on unemployment at reduced income for a period of time could cause a person to become eligible.
    Answer Applies to: Ohio
    Replied: 8/4/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    No. Thank you,
    Answer Applies to: California
    Replied: 8/4/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    It will not affect a Chapter 7 case. It might affect a Chapter 13 case because you must propose a plan that you can afford and might not afford it if on unemployment.
    Answer Applies to: California
    Replied: 8/4/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    no
    Answer Applies to: California
    Replied: 8/4/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Being unemployed is a plus if you are filing a Chapter 7 bankruptcy. Being unemployed means you have low income or no income. This makes it likely that you will pass the means test that is a prerequisite for individuals filing Chapter 7 with mostly consumer debts. Being unemployed may make it difficult to successfully complete a Chapter 13 bankruptcy, as regularly monthly income is a prerequisite for the making payments under a Chapter 13 plan of reorganization.
    Answer Applies to: California
    Replied: 8/4/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Being unemployed should not impact your ability to file, qualify for or complete a ch. 7 bankruptcy. Many people who are unemployed file for bankruptcy because they cannot continue to afford and pay for their debt. You must still be able to qualify for a ch. 7 by showing that your last 6 months of income has you below the median income for an individual in CA. If you are trying to file for a ch. 13 bankruptcy, then being unemployed would impact filing for this chapter because you need to have an income to repay your debts. If you're not trying to file for a 13, then being unemployed can only help your chances of qualifying for a ch. 7.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    If anything it will help you...certainly hard to question your need to file if you are on unemployment.
    Answer Applies to: California
    Replied: 8/4/2011
    Kalra Law Firm
    Kalra Law Firm | Madhu Kalra
    If you are elligible otherwise' unemployment should not affect your eligibility to file bankruptcy.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No.
    Answer Applies to: Virginia
    Replied: 8/3/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    No effect.
    Answer Applies to: Tennessee
    Replied: 8/3/2011
    Fears & Nachawati
    Fears & Nachawati | Majed Nachawati
    If you are filing a Chapter 7 bankruptcy, there will not be any adverse consequence of being unemployed or the fact that you may be receiving unemployment benefits. If you are filing a Chapter 13, unemployment benefits will be treated as income within your Chapter 13 repayment plan.
    Answer Applies to: Texas
    Replied: 8/3/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    It should make you eligible for a Chapter 7 case if you have not filed another one within the last 8 years and you are unmarried.
    Answer Applies to: Ohio
    Replied: 8/3/2011
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