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    Question on unemployment and CH7

    I have been on medical leave from my employer since Feb of this year, I just found out today that my department is closing. I called the unemployment office to see if I was eligible to file now and due to me being on bedrest with my pregnancy she advised me to file after the baby is born. We are filing CH7 on Oct 1st after our loan mod gets finalised, the unemployment rep said I could technically file on Oct 4th after I have the baby as right now I am not actively seeking work due to the bedrest.
    My question is, if I file CH7 on Oct 1st , is it safe to apply for unemployment 4 days later or should I wait until after the 341 or after I get discharged.
    TIA

    #2
    OK, first of all, she wants you to file after the baby as you will have another dependent. Then, depending on your needs, it would behoove you to wait till after the 341 and you do not have to volunteer that you are going to file UC. (Never lie if asked).

    After the 341 all paper work basically is froze and you are on your way. This means you don't have to update all those forms and hold up progress. You have the right idea. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      do not file until your back on your feet both physically and financially. What if you have unexpected medical bills, or can't find a job for 6 months (God forbid)? You may as well have those cards available to you.
      Filed Pro Se- 12/15/2009
      341- 2/17/2010
      DISCHARGED- 3/18/2010

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        #4
        Thanks, I thought it was safer to wait until after the 341

        Comment


          #5
          Originally posted by ecsclb1724 View Post
          do not file until your back on your feet both physically and financially. What if you have unexpected medical bills, or can't find a job for 6 months (God forbid)? You may as well have those cards available to you.
          You do have a good point. However, perhaps the OP 'hub has medical insurance? I hope so as even a baby is big bucks now. My first child cost me $80 bucks, but that was a long time ago. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            in my opinion, you can file for UC any time. it doesn't have to go on the means test, because it can be exempted. especially if you would be still under the mean when you do include it.

            but, if you do get UC, open a separate bank account that's DESIGNATED for UC so that it would be easier to exempt, i.e. don't commingle the exempt UC with any non-exempt funds or you might lose the exempt status.
            filed ch7 May 09
            341 june 09
            discharged, closed Aug 09

            Comment


              #7
              I am okay with the medical insurance thankfully. I am on the state Healthy Options insurance so I should not accrue any medical expenses. It would be a blessing getting unemployment as I have had no income since Feb this year.

              Comment


                #8
                Originally posted by music12 View Post
                in my opinion, you can file for UC any time. it doesn't have to go on the means test, because it can be exempted. especially if you would be still under the mean when you do include it.

                but, if you do get UC, open a separate bank account that's DESIGNATED for UC so that it would be easier to exempt, i.e. don't commingle the exempt UC with any non-exempt funds or you might lose the exempt status.
                I agree totally and also 'Anmartin' get it while you can. You can go online to apply. Mrs. has been extended 4 times (due to the fact that Govmint don't want the unemployed masses to get their pitch forks out and march to D.C.) 'Hub
                If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                Comment


                  #9
                  Originally posted by music12 View Post
                  in my opinion, you can file for UC any time. it doesn't have to go on the means test, because it can be exempted. especially if you would be still under the mean when you do include it.

                  but, if you do get UC, open a separate bank account that's DESIGNATED for UC so that it would be easier to exempt, i.e. don't commingle the exempt UC with any non-exempt funds or you might lose the exempt status.

                  Just wondering what you mean by unemployment being exempted??? My hubby has been on unemployment for the last few months.....

                  Comment


                    #10
                    first, in all states UC cannot be garnished. they are protected from any collection for debt (except for things like child support or criminal fines). so if you do not file bk, nobody can go after your UC.

                    in bk, if you look on the means test, it has a special section there that explains that while the law isn't totally clear on the matter, you can write your UC as exempt so it does not count as income. if both you and your hubby are on UC, your income for the means test would be 0.

                    now given that you would both be on UC, i'm pretty sure that even if you did not list it as exempt, your total UC from both you and your hubby would be under the mean for your state, so you wouldn't even need to list it as exempt to pass the means test.
                    filed ch7 May 09
                    341 june 09
                    discharged, closed Aug 09

                    Comment


                      #11
                      Thanks for clarifying!

                      Comment

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