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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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can I bankruptcy under chapter 13 if Im unemployed I ...

Resolved Question:

can I file for bankruptcy under chapter 13 if I'm unemployed? I have a property that I'll need to surrender but I want to keep one.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.


Unfortunately, you will not be able to file a Chapter 13 if you are unemployed. You Must Have "Sufficient Disposable Income" in order to qualify for Chapter 13. You will have to show the bankruptcy court that you will have enough income, after subtracting certain allowed expenses and required payments on secured debts (such as a car loan or mortgage) to meet your repayment obligations. Having no income will not allow you to meet the sufficient disposable income test.

However, even if you file a Chapter 7, you can still surrender property and keep (reaffirm) property.

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