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If I am a stay at home mom and my husband and I are filing for bankruptcy, can the court force me to find a job?

Victorville, CA |

If I am a stay at home mom or work part time for my health and the well-being of my family, can a bankruptcy court force me to work or to work more?

Also, I'm currently on medical disability, but my disability income runs out in three months. Will the court take this into account when making bankruptcy determinations?

Is there a difference on the answers to these questions between chapter 7 and chapter 13?

Attorney Answers 3


The court cannot force you to get a job. if your disability runs out that will be taken into consideration. The analysis does not matter if it is a 13 or a 7.

Good Luck!

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Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

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The court cannot make you work.

Yest the court will take into account the disability income you have received over the last 6 months or so. In a Chapter 7, your disability income will be combined with your husband's income to determine whether you, as a couple, are eligible to file Chapter 7. In a Chapter 13, your disability income will be combined with your husband's income to determine how much, if any, of your unsecured debt you will be required to pay through your Chapter 13 plan.

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