Can You File Chapter Seven Bankruptcy?
July 2nd, 2009The question we get the most from people is “do I qualify for chapter 7 bankruptcy?” Bankruptcy courts and laws can be confusing to someone who hasn’t been through the process, especially discovering eligibility thanks to the new bankruptcy laws. Curious if you qualify for ch 7?
Individual - You must be an individual to file ch 7. You can be single or married. If you are married you can file with or without your spouse. 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 - Under the new bankruptcy laws chapter 7 filers must submit a bankruptcy means test which determines if you have the means, enough spendable income, to pay at least a portion of your debts. You are eligible for a chapter 7 if your income is below the state median for a family of your size.
If your income is above the median you may still qualify for ch 7 by providing supplemental information on your expenses to determine your disposable income. The IRS has furnished standard allowances for things like housing, groceries, and other essential expenses. Extraordinary expenses can also be included such as medical needs or special diets for health issues.
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 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. You should talk about your choices with an attorney if you make more than the median income as the means test is confusing.
Guest Article Provided By: BankruptcyFormProcessing.com where you can find personal bankruptcy information, and DoItYourselfBankruptcyForms.com where you can find free bankruptcy forms online.











