Skip to content

Ginsberg Law Offices

Experienced, Compassionate, Professional

  • Home
  • Our Practice Areas
    • Work Injuries
    • Social Security Disability
    • Long Term Disability
    • Personal Bankruptcy
  • Video Library
  • About Us
  • Contact
    • Directions
  • Cases We Do Not Handle
You are here: Home / Our Practice Areas / Personal Bankruptcy / Can You File Chapter 13 if You are Self Employed?

Can You File Chapter 13 if You are Self Employed?

Yes, being self employed does not disqualify you from filing a Chapter 13 repayment plan. Be aware, however, that Chapter 13 is designed for salaried employees (“wage earners”) so cases filed by a small business owner, a commissioned sales person, a 1099 contractor or anyone else who does not get a W-2 at the end of the year will be more difficult.

Chapter 13 functions as a payment plan that is designed to last three to five years (with most cases lasting 5 years). This means that the budget you file and repayment plan you submit assume that your income and expenses will be mostly the same month after month.

If, for example, you propose a repayment plan that obligates you to pay $1,000 per month to the trustee, but you have a bad month or two because your truck broke down or because you had no sales, or because you were sick, your case could be at risk for dismissal for non-payment.

Your attorney can file a motion to suspend payments for a month or two but this will add to your legal costs and the judge may not approve repeated requests for payment suspensions.

Further, when you file your case, you will be asked to provide documentation showing funds coming in and expenses going out. Assuming you have this documentation, what you earned or spent 2, 6 or 10 months ago may not be applicable today but the trustee will use prior numbers to estimate your current budget.

Often, we get the best results for the self employed if your plan provides for a 100% payment of all creditors.

So, if you are not a W-2 employee and you need to file a Chapter 13 to stop a foreclosure or repossession or simply to reorganize, be prepared to gather a lot of documentation and to enter an environment where the Chapter 13 trustee assumes that you are earning or have the capacity to earn more than you may actually be earning.

  • Home
  • Our Practice Areas
    • Work Injuries
    • Social Security Disability
    • Long Term Disability
    • Personal Bankruptcy
  • Video Library
  • About Us
  • Contact
    • Directions
  • Cases We Do Not Handle

Visit our YouTube Channel

Legal & Policies  Privacy

Attorney Reviews

9.6Jonathan C. Ginsberg Jonathan C. GinsbergClients’ ChoiceAward 2018 Jodi Brenner GinsbergReviewsout of 23 reviews Jodi Brenner GinsbergClients’ ChoiceAward 2016

Visit us on Facebook

Ginsberg Law Offices

12 hours ago

Ginsberg Law Offices
Can an old MRI hurt your SSDI claim?If your MRI was done years ago — especially before surgery — Social Security may want updated imaging.Why?Because SSA wants to know:✔ What your condition looks like NOW✔ Whether surgery actually helped✔ If you still have pain, nerve issues, or limitationsAn older MRI can help show history.But updated records often make a disability case much stronger.👇 Comment MRI if you’ve been told your imaging is “too old.”Need help with your case?👉 Go to the link in bio to get started.#mri #socialsecuritydisability #backsurgery #spinalfusion #chronicpain #painmanagement #radiculopathy #medicalrecords #fypage✨ #foryoupageviralシ゚ #disabilitybenefits #ssdi ...

Video

View on Facebook (opens in a new tab)
· Share

Share on Facebook (opens in a new tab) Share on Twitter (opens in a new tab) Share on LinkedIn (opens in a new tab) Share by Email (opens in a new tab)

Ginsberg Law Offices

12 hours ago

Ginsberg Law Offices
Over 60 and no longer able to perform your past physical work?The SSDI Grid Rules may become especially important. Social Security can consider your age, education, past work, physical capacity, and whether your job skills transfer to other work.For some older applicants, these vocational factors can significantly change how the claim is evaluated.#ssdi #gridrules #over60 #socialsecuritydisability #disabilitybenefits #over55 #disabilityclaim #ssditips ...

Video

View on Facebook (opens in a new tab)
· Share

Share on Facebook (opens in a new tab) Share on Twitter (opens in a new tab) Share on LinkedIn (opens in a new tab) Share by Email (opens in a new tab)

  • Home
  • Our Practice Areas
  • Video Library
  • About Us
  • Contact
  • Cases We Do Not Handle

Copyright © 2026 · Education Pro on Genesis Framework · WordPress · Log in