You must have regular income to file a ch 13 but you may qualify for a ch 7.

Answer Applies to: Georgia
Replied: 1/11/2012

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No. One of the requirements of filing Chapter 13 is to have a regular income. Some courts have allowed people to file Chapter 13 with unemployment benefits but I would advise anyone that just lost their job to file Chapter 7, in most cases.

Answer Applies to: North Carolina
Replied: 1/9/2012

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No. Not if you have no income.

Answer Applies to: Florida
Replied: 1/7/2012

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You should consider filing a chapter 7 bankruptcy. A chapter 13 bankruptcy requires a regular source of income to fund a plan.

Answer Applies to: Colorado
Replied: 1/7/2012

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Chapter 13 is a payment plan for debtors will regular income. You do not need to be employed at the time of filing since it is no longer a wage earner's plan. If you can prove regular income, such as unemployment or disability or support from a family member you can have a chapter 13 plan confirmed.

Answer Applies to: California
Replied: 1/6/2012

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Chapter 13, a/k/a the *wage earner's plan, *requires that the debtor have a steady income from which to draw plan payments. Even if you are no longer employed, as long as you receive unemployment compensation, a pension, a settlement, or if your spouse works, then depending on your living expenses and the likelihood of getting another job in the future, you may still qualify to be a Chapter 13 debtor.

Answer Applies to: Illinois
Replied: 1/6/2012

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You need to have significant and steady income in order to file for a Chapter 13 bankruptcy because you have a payment plan in that Chapter paying back a certain percentage of your debts through the trustee. You may now qualify for a Chapter 7 because of your loss of income - in a Chapter 7 you have no repayment plan with the courts and all of your debt can be eliminated.

Answer Applies to: Michigan
Replied: 1/6/2012

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Ch13 is for debtors who have sufficient funds to make plan payments. I think you should consider Ch7.

Answer Applies to: California
Replied: 1/6/2012

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You must have "regular income" to qualify for Chapter 13. If you are receiving unemployment or another source of regular income, we have filed Chapter 13 in such cases. However, a creditor or your Chapter 13 Trustee could conceivably object to your case if you were only receiving unemployment, on the basis that your plan was not feasible. After all, unemployment only lasts a fixed period of time. But preferably, if there is no impending emergency like a foreclosure or repossession, you will wait until you are employed to file Chapter 13. Chapter 13 Trustees prefer to have the plan payments deducted from your paychecks through a "Wage Order."

Answer Applies to: Texas
Replied: 1/6/2012

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Yes, but if you have no source of income, it is questionable whether you would be a able to get a payment plan confirmed. You may now qualify for a Chapter 7.

Answer Applies to: Maryland
Replied: 1/6/2012

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If you have no job, why would you file a chapter 13 and not a chapter 7? It is not likely that you will get approved for chapter 13 plan if you can not afford to make your plan payments.

Answer Applies to: New York
Replied: 1/6/2012

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It is hard to file for chapter 13 if you are unemployed. However, you can begin planning for bankruptcy as an option. Such planning is extremely important for those who are recently unemployed.

Answer Applies to: Illinois
Replied: 1/6/2012

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You can if you have a steady source of income. If you get unemployment and it is enough to fund the chapter 13 case, then you can start with that and adjust when you regain employment. If not, you may want to file chapter 7, but it depends on exactly the reasons for filing and the debts involved.

Answer Applies to: Florida
Replied: 1/6/2012

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You need to wait until you obtain another job before you file a Chapter 13 petition.

Answer Applies to: Georgia
Replied: 1/6/2012

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Chapter 13 is a type of bankruptcy. You have to have a steady source of income to file a Ch 13 because otherwise you have no way to pay the trustee so that he can pay your bills. If you are married and your wife is making enough money to cover everything, you might be able to get away with no job, but no income, no Chapter 13. Sorry about your job.

Answer Applies to: Michigan
Replied: 1/6/2012

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You must have regular recurring income to file for Chapter 13 in order to make the monthly plan payments to the bankruptcy court. If you have income from other sources or if unemployment compensation will be enough to cover your plan payments you can still file. You should consult with any attorney about whether it is realistic for you to file a Chapter 13 at this time.

Answer Applies to: Wisconsin
Replied: 1/6/2012

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Chapter 13 requires a regular source of income to fund a plan. Absent that a Chapter 13 is completely impossible. So unless you have income, discuss the other bankruptcy option, Chapter 7, with your lawyer. And contrary to your question, Chapter 13 is a form of bankruptcy.

Answer Applies to: Georgia
Replied: 1/6/2012

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A Chapter 13 plan is a repayment play but you don't necessarily have to have a job to file one. Since it is a repayment plan, you will need some source of income in order to be able to pay the plan payments. The plan payments can come from whatever source of money you have such as social security, unemployment benefits, etc.

Answer Applies to: Georgia
Replied: 1/6/2012

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Yes, but you must have a regular source of income and that could be unemployment, disability, support (child/spouse), retirement and pension benefits, rental income and other types of income so long as it is likely to continue for a period of time and it is regular. Even contributions from close family members such as well-off children who agree to give you a certain amount of money for support every month could be acceptable. It is very flexible system although different trustees and court may be more flexible than others.

Answer Applies to: California
Replied: 1/5/2012

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To file a chapter 13 you need income. It can be from other sources such as family contributions but you still need some sort of income.

Answer Applies to: California
Replied: 1/5/2012

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In order to file a chapter 13, you must have a steady source of income where you can afford to meet your personal living expenses and still have some money left over to make a payment to a chapter 13 trustee. It sounds like a chapter 7 may be more in line with your situation.

Answer Applies to: Virginia
Replied: 1/5/2012

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The essence of a chapter 13 bankruptcy is a repayment of your debts. You would need to show the court you have the ability to repay through either income, family contributions, rental income, etc. Without a steady source of your own income it would be hard to get a chapter 13 confirmed.

Answer Applies to: New York
Replied: 1/5/2012

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Creative solutions may apply, but a good general starting point is the title of Chapter 13, which reads: "Adjustment of Debts of an Individual with regular income" (emphasis mine). Consult with counsel to address the totality of circumstances: e.g. whether you qualify or would desire to file chapter 13 OR chapter 7, and whether the chapters are respectively practical now or in the future. This answer doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It may be relevant to the current rules of the Southern District of California Bankruptcy Court.

Answer Applies to: California
Replied: 1/5/2012

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Considering that a Chapter 13 is a repayment plan, how do you make plan payments when you're unemployed and there isn't any surplus income?

Answer Applies to: California
Replied: 1/5/2012

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If you have income

Answer Applies to: South Carolina
Replied: 1/5/2012

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You have to have income to put together a chapter 13 plan.

Answer Applies to: Colorado
Replied: 1/5/2012

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It would be difficult to successfully pursue a Chapter 13 filing because you have to demonstrate the ability to pay your debts, pursuant to the approved payment plan, and you currently have limited income (perhaps unemployment or other streams of income). If you need to pursue a bankruptcy filing, Chapter 7 (liquidation) may be more appropriate for you.

Answer Applies to: California
Replied: 1/5/2012

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You will not qualify for a Chapter 13 if you cannot demonstrate the ability to pay into the repayment plan.

Answer Applies to: Massachusetts
Replied: 1/5/2012

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Yes, as long as you can find proof of support, for example if your friend or family member is willing to sign an affidavit of support stating that they will help you make the plan payment, or if you have enough funds on your own. Speak to a professional, chapter 13 might not be your only option.

Answer Applies to: Florida
Replied: 1/5/2012

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