Means test question

[SNA]

I am confused about the means test. I just lost my job. (I was given the choice of resign or be fired so I resigned). I want to file Chpt. 7 and give everything up but my car (no equity). How does the test work if you just became unemployed? I think I was pretty close or failed with my job. BTW I will file with my husband who works.

[lawyersearch]

Did you file for unemployment? Have you consulted an attorney? A means test is done by an attorney and he/she will let you know right away if you may or may not. Also if your husband is still employed, you may want to make sure that both are filing because creditor will come after the other that does not, especially being married. I'm not a lawyer, but I have gone through bankruptcy so I understand how difficult it is.

[SNA]

I will be filing with my husband. I can't get unemployment because I resigned.

[lawyersearch]

You can use this means test to get an idea... I hope this helps!

http://www.legalconsumer.com/bankruptcy/nolo/

[tcreegan]

Hello SNA,

For the means test: add your income from the last 6 months to hubbys income for the last 6 months. Divide by 6 to get an avg monthly income. This goes into the means test calculation. Employed or unemployed doesn't factor in, if you have no income for a time you add zero for that time. In fact, some folks wait unemployed for awhile until their income goes low enough to pass the means test.

Thanks lawyersearch for the link to the online means test.

Good luck with all this,

Tom in Colo

[Pandora]

I will be filing with my husband. I can't get unemployment because I resigned.

Wrong. You were forced to resign - or be fired. That is eligible for unemployment - you did not resign of your own choosing, had you not opted for that, you'd of been fired. Trust me - you're eligible, you'll just have to have an unemployment hearing is all. Very easy. Just ensure you had documented everything prior to your "resignation". Unless its for gross misconduct, you are eligible for UIC.

Hope this bit of info helps you.

[backtoschool]

There is a good chance that you will be eligible for unemployment. Lawyersearch's post is not necessarily correct. Whether the creditors come after your spouse if you, alone file bk, depends on whether you both signed for the debt, whether you live in a community property state, whether the debt was acquired before or after marriage, and other factors. There is a six month look back period for income for the means test. If you just left your job, then that income will figure into your six month look back period, if you were to file bk right away.

[tay666]

Wrong. You were forced to resign - or be fired. That is eligible for unemployment -

I think that depends on what state the poster lives in.
Different states have different procedures and rules.

[Pandora]

True... however most states recognize the "involuntary resignation" rule, but its best to check . Also noteworthy is that if you find yourself in that situation and receive a severance pkg - you will not receive UIC until the last day your severance runs out. Severance does not necessarily omit you from receiving benefits, you just cant receive UIC and your severance at the same time.

A useful site that has all the states UIC info: http://fileunemployment.org/file-for-unemployment

hope it helps.