How do I know if I am eligible for bankruptcy? 20 Answers as of May 17, 2011

I am being taken to court to have my wages garnished for a credit card I had years ago. Over the last 3 years I have paid off half the balance, but I now have student loans that I need to pay and haven't had the money to keep up on my payments for the credit card. I'm trying to find out if bankruptcy would be my best solution to help take care of the outstanding credit card and student loans. Any help you could provide would be appreciated!!!

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
The best way to see if bankruptcy is right for you is to call me. The consultation is free.
Answer Applies to: California
Replied: 5/17/2011
Benson Law Firm
Benson Law Firm | David Benson
You are always eligible at any time to file some sort of bankruptcy petition. The only issue is whether a discharge in a prior case will prevent you from getting a discharge in your current matter. To find out what Chapter to file under, you can usually consult with a qualified bankruptcy attorney for free.
Answer Applies to: Ohio
Replied: 5/5/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Unfortunately, your student loans are likely not dischargeable in BK. However, a BK filing will stop the wage garnishment. Are you eligible for BK? I'd have to assess your situation specifically. If you are in WA, contact us we provide free consultations.
Answer Applies to: Washington
Replied: 5/4/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A pending wage garnishment can be stopped with a bankruptcy. Students loans must be paid in spite of a bankruptcy. A payment plan under Chapter 13 should be considered as a possible way to control cash flow under these circumstances.
Answer Applies to: California
Replied: 5/4/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
See a lawyer. After a full interview of all of your circumstances a decision can be made.
Answer Applies to: California
Replied: 5/4/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    The way to find out is to have a consultation with a bankruptcy attorney in your state.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    Eligibility is determined by the means test which looks at your income vs. the medium for your area. Students loans are non-dischargeable. Bankruptcy will stop the court action and wage garnishment, but the student loans remain.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    It sounds like it is becoming more and more likely as you are not able to pay your debts as they become due.
    Answer Applies to: California
    Replied: 5/4/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Unfortunately, student loans generally are not dischargeable.
    Answer Applies to: Florida
    Replied: 5/4/2011
    The Law Offices of Alan M. Laskin
    The Law Offices of Alan M. Laskin | Jared B. Gaynor
    Especially since 2005 and the enactment of BAPCPA, the best way to determine eligibility for bankruptcy is to have a consult with a local, EXPERIENCED attorney. On a side note - student loans, as a general rule, are not dischargeable in bankruptcy.
    Answer Applies to: California
    Replied: 5/4/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    If you have a valid social security number and have not filed bankruptcy over the last several years, you most likely will qualify to file for bankruptcy and stop the garnishment so you can focus on your student loans again.
    Answer Applies to: California
    Replied: 5/4/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    The best way to determine if you are eligible for Bankruptcy is to speak with a qualified attorney. There are no easy answers, you may qualify for a Bankruptcy but the attorney may have another solution for you based on your particular situation. A frank discussion of your entire circumstances with an attorney is your best option.
    Answer Applies to: New Hampshire
    Replied: 5/4/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Bankruptcy doesn't help much with student loans. So people who have a lot of student loans often end up filing bankruptcy on the credit cards, because they can't afford the credit cards and have to pay the student loans. That sounds like what's happening to you.
    Answer Applies to: Virginia
    Replied: 5/3/2011
    Southern California Law Advocates
    Southern California Law Advocates | Norma Duenas
    To determine if you are eligible for bankruptcy you should consult with a local bankruptcy attorney. If you are having difficulty making your payments on your credit cards then there is a high likelihood that you will qualify for either Chapter 7 or Chapter 13 bankruptcy. Most bankruptcy attorneys offer a free consultation and can advice you whether you are eligible for file for Chapter 7 or Chapter 13 bankruptcy.
    Answer Applies to: California
    Replied: 5/3/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Bankruptcy can be good for credit cards. Student loans are very hard to bankrupt. You should sit down and have a free consultation with a bankruptcy lawyer. They can go over all of your options.
    Answer Applies to: Alabama
    Replied: 5/3/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    Bankruptcy will take care of credit card debt, but not your student loans. Student loans generally are not dischargeable in bankruptcy. They survive bankruptcy. Eligibility for chapter 7 relief is based on a means test. If your income is below the median income for your area, or you otherwise pass the means test, you are eligible for chapter 7 relief. You should speak to an attorney about your situation.
    Answer Applies to: California
    Replied: 5/3/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    You can call a bankruptcy attorney for a free consultation to see if bankruptcy is right for you.
    Answer Applies to: California
    Replied: 5/3/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    Under most circumstances, your student loans are not dischargeable in bankruptcy. To determine if you're eligible, you need to have a conversation with a bankruptcy attorney; it's not terribly complicated, but is more than I can answer in this short space.
    Answer Applies to: California
    Replied: 5/3/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    I run a means test analysis to determine if someone is eligible for a Chapter 7 bankruptcy. You would need to provide your income information, as well as your expenses and what assets you have. We would then know what your options are. Note that while credit cards can be discharged in a Chapter 7, student loans typically are not discharge unless you can make a showing of extreme hardship. Absent that...plan on paying back the student loans. If you have any further questions, please let me know.
    Answer Applies to: California
    Replied: 5/3/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Most people are "eligible" for some type of bankruptcy relief. Except in very rare cases of hardship, student loans are not dischargable in bankruptcy.
    Answer Applies to: Indiana
    Replied: 5/3/2011
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