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Do you have to file for unemployment

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    #1

    Do you have to file for unemployment

    My wife was just laid off, and it is doubtful that she can find new employment anytime soon. We want to file Chap 7. We should be able to qualify based on the means test, unless we have to include unemployment compensation. If we don't file in order to meet the income test, will the trustee give us a problem for not taking income that is an option to us?

    So far she has not filed.

    Thanks,
    Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
    Filed Chap 7 - 12/31/2009
    341 - 2/12/2010
    Discharged - 4/19/2010
    Tags: None
    #2
    You are not required to file for unemployment compensation.

    If you do not file, then that money is not income and will not be part of your means test.

    Not filing for unemployment insurance is your choice and it is a legal and non-fraudulent choice.
    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

    Comment

      #3
      Originally posted by BCA2009 View Post
      My wife was just laid off, and it is doubtful that she can find new employment anytime soon. We want to file Chap 7. We should be able to qualify based on the means test, unless we have to include unemployment compensation. If we don't file in order to meet the income test, will the trustee give us a problem for not taking income that is an option to us?

      So far she has not filed.

      Thanks,
      I would certainly weigh this option carefully. The "income test" is not the only test for a Chapter 7 discharge.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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        #4
        In my case, my wife's unemployment expired and we chose not to apply for the extension. We just have to wait 6 months for the income to drop off. One lawyer told us that after we file, we could then apply for the extension... we'll see when the time comes.

        Comment

          #5
          Originally posted by enginerd View Post
          In my case, my wife's unemployment expired and we chose not to apply for the extension. We just have to wait 6 months for the income to drop off. One lawyer told us that after we file, we could then apply for the extension... we'll see when the time comes.
          Why do you have to wait 6 months for the income to drop off? It will have already dropped off on Schedule I.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

          Comment

            #6
            Originally posted by OhioFiler View Post
            Why do you have to wait 6 months for the income to drop off? It will have already dropped off on Schedule I.
            how so? what about the six month look back period for the means test?

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