At present I have no job, no regular income. Can I file for Chapter 7?
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No job and chapter 7 filing.
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Odd to say, but it's kinda gonna depend on how long you've been employed and how much you made before you became unemployed.
If you've been off work for a month or 2, your previous income still coulda been high enough to put you over the Median. Then you'd have Presumption of Abuse.
But, on the other hand, you cannot file for Ch 13 at the present time either. To get a Ch 13 payment plan confirmed the Court has to be reasonably certain you can make the payments. If you're unemployed at the time you apply, the Court would be hard pressed to believe you could make the payments for the duration of the plan. Who knows what type of job you'll eventually get or how much money you'll make.
So, you can probably apply for Ch 7, but you may need to wait a bit. Depending on how much you made before you became unemployed and how long you've been unemployed.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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