I have been unemployed for 3 years. Will filing bankruptcy be hard?

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Question:

I have been unemployed for 3 years. Will filing bankruptcy be hard?

Answer:

Many people have to file for bankruptcy because they have lost their jobs and can't afford to pay their debts. Because you've been out of work for a while, you most likely won't be able to file under Chapter 13, which requires you to enter into a repayment plan to pay off some or all of your debt. Without a steady income, you won't be able to afford the monthly payments. 

The good news is that you will certainly qualify for Chapter 7. To be eligible for Chapter 7, you must pass a means test based on your income. If your average income in the six months before filing is less than the median state income, you pass the test. Because you've been unemployed for several years, you won't have a problem passing the means test. 

There's a filing fee of $299 to use Chapter 7. However, you can ask the court for permission to pay the fee in up to four installments. You can also ask for a waiver of the fee. 

Not all debts can be wiped out in Chapter 7. Child support, back taxes, and most student loans will survive your bankruptcy case. However, most other types of debt will be discharged once your bankruptcy is complete, including credit card debt, medical bills, and lawsuit judgments. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a lawyer for your case.

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