Unemployment

[Gladysw]

I recently spoke to who will be our Attorney when we file next month. I'am in California and would fall under the Central District. I asked him about whether unemployment benefits will count. He said to me that since my husband is unemployed, "the means test goes out the window". He said that the court will not deny us Chapter 7 bankruptcy since one of us is unemployed and collecting unemployment. He assured me that he know for sure. Now this attorney has been doing Bankruptcies for long time, including our own the first time we filed, so I TRUST his judgement. Now our unemployment and my income, we will still be under the median by about $5000. He did not even ask about how much UI he was receiving. He just told me it "would be no problem at all" to file chapter 7 and that the court would grant it.

I just thought I would share this with anyone who might be in California in the Central district, I hope this helps. I was wondering about unemployment benefits also, and my attorney answered it for me. Any body else get different feed back?

[tcreegan]

Hi Gladysw,

Glad to see you have a local BK attorney you can trust ! The unemployment as income or soc.sec. benefits is a very gray area and courts are all over the place on the issue....knowing what the court in your district does is where your attorney earns their pay !

Hope your case goes smoothly!

Tom in Colo

[mdabusufian]

I also Unemployment. can I get any benefit?