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

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.

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Attorney answers 2


Unemployment is not income, for chapter 13 purposes.


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).

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