Can a person File a chapter 13 Bankruptcy when unemployment is there only Income? Chapter 7 was filed in April2005 and discharge

Asked over 5 years ago - Findlay, OH

My husband and I filed a chapter 7 bankruptcy in April 2005 and it was discharged. My company shut there doors in 2008 and I was the main wage earner. Everything we own including our home is in my name. I get unemployment but only have one extension left. Can I file a chapter 13 by myself ? using my unemployment Income? Will they allow my husbands Income for a chapter 13 even though he has nothing in his name? He does not make enough to carry all the bills on his own.

Attorney answers (2)

  1. Terrance Scott Leeders

    Contributor Level 7

    Answered . While you cannot file solely on unemployment, you can use any source of household income to make a plan feasible. Since unemployment runs out, you cannot show the court that you will be able to complete a 36-60 month repayment plan. You can use spouse's income, government assistance like social security, pensions, contributions from family, rental income etc. to show enough income to fund a chapter 13 plan. You can file individually, and still use the others income in your budget. But, you must show enough income to make a case work (not relying on unemployment).

  2. Edgardo Rafael Baez

    Contributor Level 18

    Answered . Unemployment is not income, for chapter 13 purposes.

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