Do I need to have a job to file bankruptcy?

27 - Nov - 2013
Credit Card Debt

This is a common question, and the answer is simply, “no.”  There is no requirement that states you must be employed to file for bankruptcy.  As a matter of fact, becoming unemployed is one of the top three reasons people file for bankruptcy in the first place.

Top 3 reasons people file for bankruptcy

Chapter 7 is designed to wipe out unsecured debts, such as credit cards and medical bills.  However, a debtor interested in filing chapter 7 is required to pass the income requirements of the ‘means test.’ (Read more about the Means Test.)  If unemployed, you are more likely to have a smaller household income, compared to the state median.  (Even if you are currently receiving unemployment benefits.)  With little to no assets, you have increased the likelihood that you may qualify for a Chapter 7 bankruptcy.

Unemployment Facts for WI

  • Although unemployment rate in Wisconsin have improved over the past few years, (from 8.7% / Aug. 2010 to 6.9% Aug. / 2013), the numbers still indicate that many people are out of work.   
  • In Wisconsin, unemployment benefits are between $54 and $363 per week.  A person can collect regular unemployment benefits for up to 26 weeks. 

Chapter 13 bankruptcies are setup differently than Chapter 7, as they require some form of income to afford a repayment plan for all or a portion of the debt.  (The repayment plan for Chapter 13 is typically 3-5 years in duration.)  Because it’s required to make monthly payments to the bankruptcy trustee, Chapter 13 may be difficult for the unemployed.  However, there are special circumstances whereby a debtor has enough income from other sources to fund Chapter 13.

Filing bankruptcy can be a challenge.  An experienced Bankruptcy Attorney will guide you through the process of determining which type of bankruptcy may be the best option for your individual circumstances.

When considering bankruptcy, it’s essential to understand the nuances of the process. For residents in Milwaukee, understanding how to file for bankruptcy can be a pivotal step. The Debt Advisors Law Offices have frequently encountered individuals who contemplate filing bankruptcy on their own. However, the importance of protecting one’s property during the bankruptcy filing is paramount and often overlooked. Their vast experience in guiding countless individuals through the filing process underscores the importance of expert intervention.

Throughout the state of Wisconsin, thousands of people have found debt relief from the bankruptcy attorneys at Debt Advisors Law Offices. If you’re in the Sheboygan area and looking for local assistance, consider visiting their Sheboygan office for more specific guidance. For solid advice about the bankruptcy process, no matter where you are in the state, call for a free consultation. This way, you can explore the best options for your financial situation with expert help.

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