Cards Cut

The first 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. Let’s look at who can file a chapter 7 bankruptcy?

Individual - You must be an individual to file ch 7. You can be married or single. You do not have to file with your spouse if you are married. If you are married and filing alone you will have to include your spouse’s income to be considered for your eligibility to file.

Income - The chapter 7 means test will check if you have available income available to pay some or all of your debts. You are eligible for a chapter 7 if your income is below the state median for a family of your size.

You can still qualify for chapter 7 if your income is higher than the median in your state by showing your living expenses. The means test will then compare your living expenses to the IRS standard allowances that have been set for where you live. Extraordinary expenses may also be included such as medical needs or special diets for health issues.

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 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 information on filing bankruptcy, and DoItYourselfBankruptcyForms.com where you can find free bankruptcy forms online.

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