Question on unemployment and CH7

[anmartin31]

I have been laid off since August, was on medical leave though since Feb. I havent filed for unemployment so we can file for CH7 in 2 weeks. Would it be ok to file for unemployment after our 341 or is it best to wait till we are discharged. I dont want anything forcing us into a CH13. We are well below the median with my husbands income but if I had unemployment it would fail us on the means test. What are your thoughts on this? TIA

[nc73]

since you qualify to get unemployment and didn't apply for it, i would think the TT would have an issue with it. but what do i know...

[backtoschool]

Unemployment is income on the schedules and is treated as income after the 341. It will be treated just like any other change in income after the 341. Unless it is a huge change in your circumstances, it should be ok. Remember the US trustee has the full 60 days after your 341 to dismiss the case for fraud or totality of circumstances, but since you are under the median and its unemployment insurance I don't see a problem.

[backtoschool]

since you qualify to get unemployment and didn't apply for it, i would think the TT would have an issue with it. but what do i know...

I don't think the trustee will have an issue. Unemployment qualification is not cut and dry in a lot of cases and people can be "mistaken" about whether they qualify or not.