Wise Observer

The question we hear 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 determining eligibility thanks to the new bankruptcy laws. Curious if you qualify for ch 7?

Individual - In order to file ch 7, you have to be an individual, businesses are not eligible. You can be married or single. You can file with your spouse or without them. 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 disposable 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 means test will then compare your living expenses to the IRS standard allowances that have been set for where you live. 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.

If your disposable income is lower than $6000 you qualify for ch 7, if it’s more than $10,000 you do not qualify for chapter 7 bankruptcy. 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 personal bankruptcy information, and DoItYourselfBankruptcyForms.com where you can find free bankruptcy forms online.