Can You File Chapter Seven Bankruptcy?
Tuesday, June 30th, 2009The basic question clients usually ask is if they are eligible to file a chapter 7 bankruptcy. Bankruptcy courts and laws can be confusing to someone who hasn’t been through the process, especially determining eligibility thanks to the new bankruptcy laws. Wondering if you qualify for ch 7?
Individual – Only individuals can file a chapter 7 bankruptcy. You can be married or single. You can file with your spouse or without them. Your spouse’s income will have to be considered even if you are not filing together in order to see if you qualify for chapter 7.
Income – Under the new bankruptcy laws chapter 7 filers must fill out a bankruptcy means test which checks if you have the means, enough liquid income, to pay at least a portion of your debts. Your income is compared to the state median for a family of your size, if it’s below the median then you qualify for chapter 7.
You can provide your living expenses to qualify if your income is above the median. The IRS has provided standard allowances for things like housing, groceries, and other necessary expenses. You may also be able to include extraordinary expenses you may have due to medical and other conditions that will have to be explained to the bankruptcy court.
You can file ch 7 if you have less than $6000 in disposable income, but if you have over $10,000 you cannot file and may be forced into a chapter 13 if you try. If your income is inbetween those limits and you can’t afford to pay at least 25% of your total unsecured debt, then you can file chapter 7, but if you can afford to pay it, then you do not qualify. 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 personal bankruptcy information, and DoItYourselfBankruptcyForms.com where you can find free bankruptcy forms online.