Do You Qualify for Chapter Seven Bankruptcy?
The basic question clients usually ask is if they are eligible to file a chapter 7 bankruptcy. While the bankruptcy laws are supposed to be accessible to everyone, they can be vague, and the recent bankruptcy laws have changed how courts determine if someone is entitled to file for ch 7 and ch 13 bankruptcy. Curious if you qualify for ch 7?
Individual - Only individuals can file a chapter 7 bankruptcy. You can be single or married. You do not have to file with your spouse if you are married. If you file without your spouse you will still have to disclose their income in order to determine if you are eligible to file chapter 7.
Income - The chapter 7 means test will check if you have available income available to pay some or all of your debts. If your income is below the state median for your family size, as determined by the bankruptcy guidelines then you are eligible for ch 7.
You can provide your living expenses to qualify if your income is above the median. The IRS has furnished standard allowances for things like housing, groceries, and other necessary expenses. If you have other expenses that are necessary to live such as special medical needs, these can also be included to lower your disposable income.
If you are left with over $10,000 in disposable income you cannot file a chapter 7 bankruptcy, but if it’s less than $6000 you qualify. If your leftover income is between $6000-$10,000 then you have to determine if you can pay at least 25% of your unsecured debt, if you can’t then you can file ch7. As you can see, the means test is confusing if you have disposable income because your income is higher than the median, so you should discuss your eligibility with a bankruptcy attorney.
Guest Article Provided By: BankruptcyFormProcessing.com where you can find chapter 7 bankruptcy information, and DoItYourselfBankruptcyForms.com where you can find free bankruptcy forms online.