Bankruptcy is often seen as a last resort for people who are unable to pay off their debts. Contrary to popular belief, filing for bankruptcy is not limited to those who are unemployed or have no source of income.
People with a job can file for bankruptcy and get relief from debt. However, it’s essential to understand the implications of filing for bankruptcy while having a job.
Type of Bankruptcy
There are two types of personal bankruptcy: Chapter 7 and Chapter 13. Chapter 7 is also known as a liquidation bankruptcy, while Chapter 13 is often referred to as a reorganization bankruptcy. If you have a job, you could still qualify for Chapter 7 bankruptcy. However, if you have a steady income, your income will be analyzed to determine whether you qualify for Chapter 7 or not. If your income exceeds a certain level, you may need to file for Chapter 13.
Means Test
Individuals with a job may have to undergo a means test, which determines whether they are eligible for Chapter 7 bankruptcy. The means test calculates your disposable income and compares it to the median income in your state. If your disposable income falls below the median income, you may qualify for Chapter 7. Conversely, if your disposable income exceeds the median income, you may have to file for Chapter 13 bankruptcy.
Chapter 13 Bankruptcy
If you have a job, you may be eligible for Chapter 13 bankruptcy. Chapter 13 bankruptcy is known as a reorganization bankruptcy, where you work with a court-appointed trustee to come up with a payment plan over three to five years to repay your debts. Chapter 13 bankruptcy can help you keep your assets and repay your debts over time while still being able to maintain your job.
Employment Concerns
Filing for bankruptcy while having a job should not affect your employment status. Federal law prohibits employers from firing or discriminating against employees for filing for bankruptcy. However, it’s crucial to review your employment contract or union agreement to determine whether filing for bankruptcy will affect your job in any way.
Credit Scores and Job Applications
Filing for bankruptcy can have an impact on your credit score, which might impact future job applications. Bankruptcy isn’t an automatic disqualification for employment. And whether or not a potential employer will run a credit check depends on the job.
If you know an employer will run a credit check before hiring you or your current employer periodically runs them, be honest about your bankruptcy history. Don’t be too embarrassed to explain the circumstances that led to the bankruptcy.
Having a job doesn’t disqualify you from filing for bankruptcy. If you’re struggling with debt, bankruptcy may be a viable option. However, it’s essential to understand the implications of filing for bankruptcy while being employed. It’s crucial to work with an experienced bankruptcy attorney who can guide you through the process and help determine the best course of action for your unique situation. Remember, bankruptcy is not a one-size-fits-all solution, and every situation requires a customized approach.
For more information or to schedule a consultation to discuss your situation, contact R. Flay Cabiness, II, P.C. at (912) 417-5041 (Brunswick, GA); (912) 809-2141 (Hazlehurst, GA) or; (912) 324-3176 (Jesup, GA) to schedule a consultation.
