Question
Can I quit my job in order to file for bankruptcy?
I have a job that does not pay enough for me to make my monthly payments. I am in a lot of debt and want these debts to be liquidated. However, I am worried that my income will get in the way of that. Can I quit my job to file bankruptcy?LawQA.com Answer Library
Answered By: Saunders Law Group
You do not have to quit your job to file bankruptcy.
Answer Applies to: California
Replied: 10/28/2011
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Answer Applies to: California
Replied: 10/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dearbonn Law Offices
You do not have to quit your job to file BK.
Answer Applies to: Washington
Replied: 10/27/2011
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Answer Applies to: Washington
Replied: 10/27/2011
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Answered By: The White Rose Group
If you are unable to pay your monthly debts, it is unlikely that you will need to quit your job in order to file bankruptcy. I suggest that you consult with a bankruptcy attorney before you quit your job, a pre-bankruptcy consultation should be entirely free for you.
Answer Applies to: New York
Replied: 10/26/2011
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Answer Applies to: New York
Replied: 10/26/2011
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Answered By: Philip R. Boardman, Attorney at Law
I would recommend that you sit down and consult with an attorney before doing something like that. Most people who file bankruptcy are employed even if they don't make as much as they would like to.
Answer Applies to: Virginia
Replied: 10/26/2011
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Answer Applies to: Virginia
Replied: 10/26/2011
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Answered By: Mankus & Marchan, LTD
You can file Chapter 7 bankruptcy without quitting your job. However, if you earn more than allowed under the "means test," you may have to file Chapter 13 bankruptcy and be required to repay some of the debt to the creditors under a Chapter 13 plan.
Answer Applies to: Illinois
Replied: 10/26/2011
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Answer Applies to: Illinois
Replied: 10/26/2011
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Answered By: The Law Office of Darren Aronow, PC
The chapter 7 bankruptcy will look at your last 6 months of income. You should check with an attorney to see if your income is higher then the median income in your area and if it is, if you can still pass the means test to qualify with your current income before you consider quitting your job.
Answer Applies to: New York
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Joseph A. Mannis
Why not talk to a bankruptcy attorney and see what your income/expenses are and whether or not you qualify for bankruptcy. You might (more like probably) would not have to quit your job.
Answer Applies to: California
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Kenneth A. Parker, P.C.
As Lawyers, we are prohibited from advising clients to get in more debt in order to make your financial situation worse and the prospect of Bankruptcy better. Talk to a Bankruptcy Attorney, you may qualify for a Chapter 7 now even if you are currently employed.
Answer Applies to: Georgia
Replied: 10/25/2011
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Answer Applies to: Georgia
Replied: 10/25/2011
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Answered By: Ashman Law Office
That is a horrendously bad idea! First of all, since courts look at your PAST income, quitting will generally not change your eligibility for a Chapter 7 for quite some time. It may also get you a bad faith objection in a 7 or a 13. Before out thinking yourself into poverty, hire a lawyer to determine what you can and cannot file and what would actually work best for you in the short and long run. The money you spend will be very well worth it.
Answer Applies to: Georgia
Replied: 10/25/2011
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Answer Applies to: Georgia
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Heupel Law
Yes, you can quit your job and file bankruptcy. However, meet with a bankruptcy attorney first because there are other ways to qualify for bankruptcy than just relying on your income. For example, if your debt is "non consumer", then it doesn't matter how much you make as income is irrelevant for "non-consumer" cases.
Answer Applies to: Colorado
Replied: 10/25/2011
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Answer Applies to: Colorado
Replied: 10/25/2011
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Answered By: Jackson White, PC
You could but I wouldn't necessarily recommend it unless you have something else lined up. I think you're getting ahead of yourself. I think you need to review whether you qualify for bankruptcy with the job before you even consider quitting.
Answer Applies to: Arizona
Replied: 10/25/2011
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Answer Applies to: Arizona
Replied: 10/25/2011
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Answered By: Bankruptcy Law office of Bill Rubendall
Your income for the past 6 months is used to calculate eligibility for chapter 7 under the "means test." You definitely do not want to quit your job, because that will leave you without income.
Answer Applies to: California
Replied: 10/25/2011
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Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Carballo Law Offices
You have the wrong impression as to the income eligibility for bankruptcy. If your income does not even allow you to pay your bills then almost certainly you qualify without having to leave your job. There are income limits to qualify for Chapter 7 but they are pretty high limits and certain necessary living expenses are subtracted to determine eligibility so that people with fairly high income can still qualify. You need a consultation with an attorney and take paystubs to the consultation so that the attorney can do the calculations.
Answer Applies to: California
Replied: 10/25/2011
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Answer Applies to: California
Replied: 10/25/2011
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Answered By: Ursula G. Barrios Law
If you barely make enough to make ends meet, you may qualify without quitting.
Answer Applies to: California
Replied: 10/25/2011
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Answer Applies to: California
Replied: 10/25/2011
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Answered By: The Schreiber Law Firm
If you are talking about not being employed in order to file bankruptcy, that is not a requirement. If you believe you income is too high to be eligible to file Chapter 7, depending on the state where you live, if you income is under the median level set by the law, then you can file Chapter 7. In determinimg your income, they use what you have made for the past six months before filing, so quiting your job now to have low enough income to file Chapter 7 will require you having no income for a while (and unemployment is income) to have low enough income.
Answer Applies to: California
Replied: 10/25/2011
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Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Charles R. Nettles - Attorney at Law
I suppose you could but the U.S. Trustee's Office which is an arm of the Justice Department reviews all of the cases looking for signs of people trying to abuse the system by doing things like quitting their jobs to qualify. If they believe that your case shows signs of abuse, they can file a Motion to Dismiss your case as being filed in bad faith or as an abuse of the system.
Answer Applies to: Texas
Replied: 10/25/2011
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Answer Applies to: Texas
Replied: 10/25/2011
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Answered By: Selleck Legal, PLLC
You should consult an attorney to determine if you qualify for a Chapter 7 Bankruptcy. There are certain limits of income you can bring in per household depending on the number of dependants living in your household. If you are single you can make around $43,000 per year and still qualify for a chapter 7. Every case is different and every debtor's situation is unique and needs to be looked at in order to determine your ability to qualify.
Answer Applies to: Michigan
Replied: 10/25/2011
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Answer Applies to: Michigan
Replied: 10/25/2011
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Answered By: Eliza Ghanooni, Attorney at Law
Before making any drastic life decisions, you should consult an attorney to see if you qualify with your current income or if bankruptcy is even an option for you based on your assets, etc.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
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Answered By: Law Offices of Michael J. Berger
Yes, you can. Whether or not that is a good idea for you is something that you should discuss with an experienced, intelligent bankruptcy attorney. It is very rare for a debtor to have to quit his job to qualify for a Chapter 7 bankruptcy.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bird & VanDyke, Inc.
Yes you can quit your job and file bankruptcy but you may not have to. The bankruptcy laws are designed to benefit working people. See an attorney about this. Most peeople do not quit their jobs to file bankruptcy.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Gregory J. Wald, Attorney at Law
I can't give you a simple answer because I would need to know a lot about your situation, e.g, your average income the past six months, the size of your household, and information about your living expenses. However, you should keep in mind that even if your income is too high for chapter 7, you could still eliminate your debt through chapter 13. You would have to pay at least part of the debt through monthly payments over 3 to 5 years, but the payments would be based on what you can reasonably afford. They shouldn't be burdensome for you.
Answer Applies to: Minnesota
Replied: 10/25/2011
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Answer Applies to: Minnesota
Replied: 10/25/2011
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Answered By: Theodore N. Stapleton, PC
You cannot manipulate your income for the purposes of satisfying the means test and qualify for a chapter 7 filing. You only have to be concerned with income if you make over $48,000 a year generally.
Answer Applies to: Georgia
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 10/25/2011
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Answered By: Law Office of Michael Johnson
You are allowed to make a living and still file a bankruptcy. You should consult with an attorney.
Answer Applies to: Florida
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 10/25/2011
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Answered By: Dan Wilson Bankruptcy
No need to quit your job. Besides, you'll need the money to pay your lawyer.
Answer Applies to: Colorado
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/25/2011
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Answered By: Canty Law Firm
You need not quit your job. The amount of your income may determine the whether you file a Chapter 7 or a Chapter 13. It depends on several factors including the number of people in your household and the amouts and types of secured debt you have.
Answer Applies to: Colorado
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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