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Just lost my high paying job and now Im unemployed can I file for chapter 7?: I just lost my job. I don't know if I will get unemployment but if I do it will only cover rent.
I will not be able to pay my bills, food, gas, electric etc. I have been seeking a new job since June to get out of where I was working and haven't been able to find anything and now I'm unemployed. Do I need to wait a certain amount of months before I can file? I was making very good money and now nothing.

Asked almost 5 years ago in Chapter 7

Mark’s answer: Speak with a bankruptcy professional before you make any decisions. Yes, you can most likely file for Chapter 7 bankruptcy given the fact that you have already gone 3 months with zero income. However you did not say what line of work you are in. While it is illegal to fire somebody for filing bankruptcy, it is not illegal to deny someone employment for filing bankruptcy. Make certain you get advice from somebody who knows the benefits and the detriments of filing. If nobody is suing you, you may just be worrying prematurely. Good Luck!

Answered almost 5 years ago.


I filed ch 13 one month ago and am realizing it may be unrealistic. Does conversion to a ch 7 create a small delay?: If i hire a ch 7 attorney, and i satisfy the means test, regarding the schedules and the trustee, and judge, including first meeting of creditors now set for 10 days away, does my now having an atty convert to a ch 7:::
1. Do any schedules change?
2 does the judge or trustee change?
3. Does the first meeting set for 10 days away where my ch 13 docs and first plan payment is due, do any of what is expected of me to be current with the court and trustee in a ch 13 proceeding now get somewhat delayed when a conversion is now coming into the picture?

Honestly i am trying to buy a little more time in the property and any astute ch 7 atty with avvo if you can gleen my inference that will this in sone way create an inherent delay if the conversion is approved by the court.

Thank you.

Asked almost 5 years ago in Chapter 13

Mark’s answer: You did not specifically say why you filed for bankruptcy in the first place. If you want to keep the property but you think that is unrealistic, you should speak with a bankruptcy attorney before you convert your case. Most Chapter 13 attorneys are very skilled with Chapter 7 petitions although not all Chapter 7 attorneys are skilled with Chapter 13. It is possible that a Chapter 13 attorney can point things out to you that will enable you to keep the property if that is what you really want. Converting your case too early will not buy you additional time and in fact may accelerate the foreclosure. I don't know what an "inherent delay" is but don't allow yourself to be misled into thinking anything is guaranteed by the U.S. Bankruptcy Code. You only get the benefits if you play by the rules, and the rules are very complicated. Finally, if you have assets, the Chapter 13 Trustee will be a lot easier to work with than the Chapter 7 Trustee. The law allows anybody to represent himself or herself, but that does not mean it is a good decision to do so. You live in a city with a lot of attorneys. You should take advantage of that and speak with somebody who knows the nuances of the law.

Answered almost 5 years ago.



Mark’s answer: Your question is not very clear. A postnuptial agreement is simply a prenuptial agreement signed AFTER the wedding vows are exchanged.

A postnuptial agreement makes divorce easier because it resolves in advance the issues couples generally fight over. A postnuptial agreement can’t actually prevent a divorce unless the terms are so one sided that the other party is scared of the consequences from a divorce.

If you are trying to resolve the issues that led you to consider divorce in the first place, a postnuptial agreement may help by committing to writing your expectations for the future - both as a married couple and in the unfortunate event that the trouble resurfaces and talk of divorce resumes.

The links you posted can provide you with good advice. Just remember that every couple is different and comes with unique facts. Don’t assume that a one-size-fits-all, do-it-yourself postnuptial agreement is going to be a magic cure-all for your problems.

Good Luck!

Answered almost 5 years ago.