Can I file bankruptcy with CARES ACT unemployment during COVID pandemic?

I’ve had a lot of attorneys texting and calling, emailing me lately, asking about peoplethat want to file a bankruptcy, but are concerned that the unemployment that they’regetting from the, covert response to the cares act is going to cause them a problem withthe bankruptcy. Hi, I’m Joe Jeppson, I’m certified specialist in consumer bankruptcyand owner of the gypsum mall office. This is actually a really good time for people tofile bankruptcy. And the reason is that the cares act that created the stimulus moneyand the, the extra unemployment is specifically pulled away from bankruptcy. What thatmeans is that most of the time, your ability to discharge debt in a bankruptcy isdependent on your income. If you can afford to pay your debt, you should, if you can’tafford to pay your debt, you shouldn’t. And so, the cares act says that the extraappointment and the stimulus and all of that does not count towards the calculation thatsays whether you can afford to pay that debt now, is also an interesting question aboutwhether the money in your account is going to be subject to claim by the trustee, butmore than likely, you have plenty of ways to use that money, and that’s not going to bean issue.

SPEAKER 1

01:22 – 02:10

So whether your unemployment means that your income is higher than normal, because theunemployment is more than your regular job, that means that you have money to hire aquality attorney that can help you through this process. Or if your income is from theunemployment is lower than normal, then you may be eligible for a chapter sevenbankruptcy right now, when you would normally have to be in a five year payment plan,paying back some or all of your creditors, either way. This is a great time to file abankruptcy. Either you have some extra money or you’re finally eligible to just wipe outthe debt and move on with life either way, call today to find out whether you qualifyfor a bankruptcy with your particular income. Thanks a lot.