Do you have to file for unemployment

[enginerd]

Why do you have to wait 6 months for the income to drop off? It will have already dropped off on Schedule I.

how so? what about the six month look back period for the means test?

[OhioFiler]

In my case, my wife's unemployment expired and we chose not to apply for the extension. We just have to wait 6 months for the income to drop off. One lawyer told us that after we file, we could then apply for the extension... we'll see when the time comes.

Why do you have to wait 6 months for the income to drop off? It will have already dropped off on Schedule I.

[enginerd]

In my case, my wife's unemployment expired and we chose not to apply for the extension. We just have to wait 6 months for the income to drop off. One lawyer told us that after we file, we could then apply for the extension... we'll see when the time comes.

[OhioFiler]

My wife was just laid off, and it is doubtful that she can find new employment anytime soon. We want to file Chap 7. We should be able to qualify based on the means test, unless we have to include unemployment compensation. If we don't file in order to meet the income test, will the trustee give us a problem for not taking income that is an option to us?

So far she has not filed.

Thanks,

I would certainly weigh this option carefully. The "income test" is not the only test for a Chapter 7 discharge.

[backtoschool]

You are not required to file for unemployment compensation.

If you do not file, then that money is not income and will not be part of your means test.

Not filing for unemployment insurance is your choice and it is a legal and non-fraudulent choice.

[BCA2009]

My wife was just laid off, and it is doubtful that she can find new employment anytime soon. We want to file Chap 7. We should be able to qualify based on the means test, unless we have to include unemployment compensation. If we don't file in order to meet the income test, will the trustee give us a problem for not taking income that is an option to us?

So far she has not filed.

Thanks,