I had a client email me this question today, and it threw me for a moment. Her husband just lost his job, and she had a friend who told her that their bankruptcy attorney told them they couldn’t qualify for a bankruptcy because they were both out of work.
So no, you do not need to be employed to qualify for bankruptcy.
However, it made me wonder why their attorney would tell his clients that they couldn’t go bankrupt unless they were employed. Then I realized that her friend was probably trying to file a chapter 13 to save a home in foreclosure and get on a repayment plan. In that kind of case, you need to show the court regular income to qualify for a repayment plan, and if you can’t show the income, then your case will get dismissed.
Our case was different, and we could still file even if her husband was currently unemployed.