How can I file for a chapter 13 bankruptcy if I don't have a job? - Bankruptcy Law Questions and Answers- LawQA.com

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How can I file for a chapter 13 bankruptcy if I don't have a job?

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?

Mercado & Hartung, PLLC
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No, you need to be able to afford the plan. Contact a local attorney for specifics.

Answer Applies to: Washington
Replied: 3/2/2012

Bankruptcy Law office of Bill Rubendall
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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

Answer By Cate Eranthe
Eranthe Law Firm
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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: 2/15/2012

Ashman Law Office
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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

Answer By Michael Ipson
Ipson Law Firm, PLLC
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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
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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

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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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
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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


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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: 2/13/2012

Answer By C. David Hester
Guardian Law Group PLLC
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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: 2/13/2012

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