Can I File Bankruptcy if I Am Unemployed?

TRI Writer • December 28, 2020

There are many different reasons for filing bankruptcy, but one of the most common is unemployment. No one is ever completely prepared to be fired or laid off (financially or emotionally). An abrupt loss of income often escalates quickly into missed car payments and missed mortgage payments. If you have been laid off or fired, and you find yourself unemployed, don’t wait for things to get out of control, talk to an experienced Tennessee and Georgia bankruptcy attorney about how filing bankruptcy can help protect your savings and your retirement.  

Is Filing Bankruptcy the Best Option? 

During times of unemployment, most people dip into their savings to cover their everyday expenses. Turning to bankruptcy as an option can be a powerful lifeline to people with growing debts. If you are considering filing bankruptcy due to unemployment, talk to an experienced Georgia or Tennessee bankruptcy attorney about obtaining a discharge of debt through Chapter 7 bankruptcy. 

Should I Pull Cash from an IRA or 401(k) to Pay Debts During Times of Unemployment? 

When you access cash from IRAs or 401(k)s during times of unemployment, the early distributions may create tax issues and damage your future financial planning. It’s almost never a good idea to take early distributions from retirement accounts to pay debt, but it is an especially bad idea if you are unemployed. Before you tap into any retirement accounts to pay off debt or cover your day to day expenses during unemployment, get in touch with Kenneth C. Rannick P.C., Tennessee, and Georgia bankruptcy attorney. 

Am I Eligible to File Bankruptcy If I Don’t Have a Job? 

The first requirement to qualify to file Chapter 7 bankruptcy is the “means test.” The “test” determines eligibility to seek a discharge of debt through Chapter 7 (or determines how much you are required to pay back to creditors through a Chapter 13 bankruptcy). A period of unemployment in the six months prior to filing bankruptcy may actually be beneficial for the purpose of qualifying to file Chapter 7 bankruptcy. 

If you have questions about how unemployment affects filing bankruptcy , we can help. Find out how to get a fresh start by filing bankruptcy. Get in touch with Kenneth C. Rannick P.C., Tennessee, and Georgia bankruptcy attorney as soon as possible.

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Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.
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