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Can I file if I'm unemployed?

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  • Can I file if I'm unemployed?

    I've been unemployed for a year and am in significant credit card debt as a result. Has anyone successfully filed a Ch 7 bankruptcy while unemployed?

    Thank you

  • #2
    YES. If you have no funds for a lawyer, be prepaired to go pro se.

    The book Chapter 7 on nolo pres, or nolo.com if very good. It is about 17 bucks pdf download. You obviously have a computer and it is very good for your situation.

    That being said, what else is an alternative? Go for it. P.S. you can also file indegent on the filing fees, this is a bit more trouble but, you can. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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    • #3
      Good to Know

      Thank you.

      Comment


      • #4
        Hi,

        Sure you can file if you are unemployed, but you stated your cc debt is a result of your unemployement, so do you have any job prospects? Otherwise, if you file now, your debt will be discharged but you might find yourself in the same situation 6 months from now (obviously, not cc debt, but behind on rent/mortgage, etc.). Are creditors harrassing you yet?
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

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        • #5
          Originally posted by liz417 View Post
          Hi,

          Sure you can file if you are unemployed, but you stated your cc debt is a result of your unemployement, so do you have any job prospects? Otherwise, if you file now, your debt will be discharged but you might find yourself in the same situation 6 months from now (obviously, not cc debt, but behind on rent/mortgage, etc.). Are creditors harrassing you yet?
          I agree I would plan my BK, but wait if you have growing debt and file now the new debt will not be discharged.
          Chapter 7 07/30/2008
          341 09/17/2008
          Discharge 11/21/2008

          Comment


          • #6
            Buried, Yes, go ahead and file. If you are scared as I was about not understanding everything, you certainly qualify for legal aid. Speak to someone there. You can also apply for a fee waiver, I did that too and was approved. There is a certain form for applying for the fee waiver, you submit that with your petition and if it's appoved by the judge, you will get a notice in the mail. I couldn't afford an attorney so I filed pro se, but I sought the help of legal aid, so far all is going smoothly. Good luck to you and post and let us know what's happening.
            Filed Chapter 7 Petition: 12/22/2008

            341 Meeting: 1/23/2009

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            • #7
              Originally posted by TEW View Post
              I agree I would plan my BK, but wait if you have growing debt and file now the new debt will not be discharged.
              THAT is some of the best advice you will ever get - PLAN your filing to maximize for YOUR benefit. - jb
              jb - A little knowledge is a wonderful thing - sometimes.
              Filed - 2/27/09
              341 - 4/3/09
              Discharged - 6/20/2009

              Comment


              • #8
                Although you can file w/o a job, I'm waiting until I have a job and health insurance before I file. I have some (exempt) unearned income coming in, but not enough to support myself and my kids.

                More importantly, if I file now, and lget sick or get into an accident and have huge medical bills after I file, I'm up the proverbial creek! IMO, at my age (F/40-something) health insurance is just as, maybe even more important than the job!

                I think you can only file a CH7 every 8 years.

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                • #9
                  I'm glad I found this forum!

                  Thank you, everyone. All of your advice has been very helpful.

                  I have had the issue of no health insurance and potential medical bills on my mind as well. That is great advice to wait until I am insured.

                  It's difficult, though, looking for new employment with bad dedt since every Tom, Dick, and Harry employer feels they can run credit checks. This already became an issue because of my debt load even before I stopped paying my CC bill.

                  Last month was the first time I didn't pay my credit card bill, and will not be able to pay in the future period, so I am gearing up for the collections process.

                  Again, thank you all for your advice. Much appreciated.

                  Comment


                  • #10
                    Originally posted by Buried1 View Post
                    Thank you, everyone. All of your advice has been very helpful.

                    I have had the issue of no health insurance and potential medical bills on my mind as well. That is great advice to wait until I am insured.

                    It's difficult, though, looking for new employment with bad dedt since every Tom, Dick, and Harry employer feels they can run credit checks. This already became an issue because of my debt load even before I stopped paying my CC bill.

                    Last month was the first time I didn't pay my credit card bill, and will not be able to pay in the future period, so I am gearing up for the collections process.

                    Again, thank you all for your advice. Much appreciated.
                    or get the medical problem taken care of then it can be discharged
                    Chapter 7 07/30/2008
                    341 09/17/2008
                    Discharge 11/21/2008

                    Comment


                    • #11
                      Originally posted by Buried1 View Post
                      It's difficult, though, looking for new employment with bad dedt since every Tom, Dick, and Harry employer feels they can run credit checks.
                      Buried, I think I see a much different attitude among everyone towards bad credit and BK or late.

                      With this hole that was dug for us over the last 8 years virtually everyone is looking over their shoulder and thinking, "I could be in that situation." It sort of changes ones outlook on things. - jb
                      jb - A little knowledge is a wonderful thing - sometimes.
                      Filed - 2/27/09
                      341 - 4/3/09
                      Discharged - 6/20/2009

                      Comment

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