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quote: "Bk is useless if, you can't support yourself post bk."

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    #1

    quote: "Bk is useless if, you can't support yourself post bk."

    im basically going to be in this situation because i dont have a job and in all likelihood probably wont get one between now and filing bk. my plan was to deal with that bridge after i cross the bk bridge. i get what this issue means as a practical matter, but does it matter substantively to the bk process?

    i guess my question is/are - is this an issue that needs to be addressed to successfully get my debt discharged? do i have to show some form of income to the court or the trustee which shows me able to cover my future forward (minimal) living expenses? do i HAVE to have a job? do i have to demonstrate some plan of action to the court - even if its just essentially a theoretical plan to satisfy the court .

    thx
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    #2
    Originally posted by tacomeat View Post
    im basically going to be in this situation because i dont have a job and in all likelihood probably wont get one between now and filing bk. my plan was to deal with that bridge after i cross the bk bridge. i get what this issue means as a practical matter, but does it matter substantively to the bk process?

    i guess my question is/are - is this an issue that needs to be addressed to successfully get my debt discharged? do i have to show some form of income to the court or the trustee which shows me able to cover my future forward (minimal) living expenses? do i HAVE to have a job? do i have to demonstrate some plan of action to the court - even if its just essentially a theoretical plan to satisfy the court .

    thx
    No, the trustee isn't going to care about the fact that you have no income, they will only want to know if you have income that can be used to pay unsecured creditors. They look out for the creditors, not for you.

    The reason people will advise you to wait to file until you are employed is that so much can happen to you (no medical insurance, etc) to change the picture right after you file.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      When you do your credit counseling you will be asked to provide a plan.

      If you have no income right now you are judgement proof.

      I understand that you want to get back on your feet, but if you have no money to support yourself post BK then it is not the best situation. Everyone can sue you, but if you have no income then there is no money to give to the creditor. That does not release you of the judgement if someone sues you. All it means is at that time they can not collect any money. So intern it will give you time to find a job and then file for BK.
      Chapter 7 filed on 4/23/2010
      341 meeting on 5/28/2010
      Discharged on 8/19/2010

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        #4
        Chapter 13 requires that you have an ability to fund a plan. Future unemployment is not an issue in Chapter 7.
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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