How do I know if I am eligible to file Chapter 7 Bankruptcy? 29 Answers as of October 08, 2012

We are under foreclosure, have had 2 cars reposesed, credit card debt and medical bills. The total is around $225,000.

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Meet with a lawyer to determine your eligibility income.
Answer Applies to: Texas
Replied: 10/8/2012
Wild Sky Law Group, PLLC
Wild Sky Law Group, PLLC | Roxanne Eberle
Eligibility for a Chapter 7 bankruptcy is generally based on your income, not the amount of your debts. A qualified bankruptcy lawyer can help you figure out which is right for you.
Answer Applies to: Washington
Replied: 10/4/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
There are a number of things to be considered regarding your ability to pay back creditors (means testing), your disposable income (Schedule J) and the existence of non-exempt assets (Schedule C).
Answer Applies to: Indiana
Replied: 9/29/2012
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Bankruptcy is a Constitution right. The question is not can you file, but should you file and, if so, when. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answer Applies to: Arizona
Replied: 9/29/2012
Law Offices of J. L. Haddock, PLLC
Law Offices of J. L. Haddock, PLLC | Jared L. Haddock
If you have never filed for bankruptcy protection and received a discharge before, then your eligibility will depend on your household income, household size, and location. There is a Means Test to determine eligibility with these factors. The easiest way to determine your eligibility is to consult with a competent bankruptcy attorney who can conduct a quick Means test analysis using your pay stubs (or other income advices) from the last six months. I offer a free initial consultation in which we determine your eligibility (and advisability) for Chapter 7 Bankruptcy, as well as conduct a liquidation analysis, and review the entire process. I hope this information helps. Thank You.
Answer Applies to: Michigan
Replied: 9/29/2012
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    It can be difficult to determine whether you can qualify for a Chapter 7 bankruptcy. We would need to know the household gross monthly income, both current and the average of the last 6 months, and the number of people in the household. With that information we could help you determine whether you could be in a Chapter 7 or if you need a different version of Bankruptcy.
    Answer Applies to: Oklahoma
    Replied: 9/29/2012
    Knute Rife
    Knute Rife | Knute Rife
    You need to sit down with an experienced bankruptcy attorney and go through what is called the "means test." That will determine whether you are eligible for Chapter 7. Then the attorney can help you decide if Chapter 7 is your best course.
    Answer Applies to: Utah
    Replied: 9/29/2012
    Samwel Cousineau &Shea, PC
    Samwel Cousineau &Shea, PC | Kirsten A. Samwel
    There is more to it than that. I would need to know your income, whether or not you have filed bankruptcy before, if so, when, and various other things before I could answer that question with any sort of definitive answer.
    Answer Applies to: Washington
    Replied: 9/29/2012
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    The only way to know if you're eligible for bankruptcy and, if so, which chapter is best for you, is to have a consultation with a qualified bankruptcy attorney in your State. Most bankruptcy lawyers offer free initial consultations, as do I.
    Answer Applies to: California
    Replied: 9/29/2012
    The Smalley Law Firm, LLC | Cary Smalley
    I suggest that you consult with an attorney to discuss the specific details of your financial situation. Most people are eligible to file Chapter 7.
    Answer Applies to: Kansas
    Replied: 9/29/2012
    Steven Alpers | Steven Alpers
    Ir depends mor e on your annual income and expenses.
    Answer Applies to: California
    Replied: 9/27/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    It depends on your income and the number of members of your household. In Texas, for a family of four, an income of less than about $65,000 will make you eligible. You can find a "means test" calculator online by Googling the term, or you can call my office and we'll help you.
    Answer Applies to: Texas
    Replied: 9/27/2012
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    You certainly need help and right now is not too soon. You should be eligible to file a Chapter 7 Bankruptcy if neither of you has filed a Chapter 7 in the last 8 years and if your income is less than the " Means Test." The amount of income allowed by the means test is determined by where you live and how many dependants you have. If you are not eligible to file for a discharge in a Chapter 7 bankruptcy, then you are almost certainly eligible to file a 3 - 5 year Chapter 13 Wage Earners' Plan. Thi would pay your creditors 10 - 100% of their allowed claims, but at 0% interest. Go see a qualified bankruptcy attorney. Many do not charge for the initial consultation.
    Answer Applies to: Ohio
    Replied: 9/27/2012
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Are you trying to save your home from foreclosure? If so, you may want to look into chapter 13 or at least the HAMP program. You will have to run the means test to see if you qualify for chapter 7. You can find it online under the official bankruptcy forms or hire a lawyer.
    Answer Applies to: South Carolina
    Replied: 9/27/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    There is no debt amount required by law to qualify for filing a Chapter 7 bankruptcy. However, there are income limits to qualifying. If you are over the income limits, then you would have to file a Chapter 13. The income limits depend on the number of members of the household and the State where you reside. A consultation with a bankruptcy attorney can help you determine this.
    Answer Applies to: California
    Replied: 9/27/2012
    The Troglin Firm | William M. Troglin
    Based on the Question Detail below I would say you would qualify for a Chapter 7. To do a Chapter 7 you take your income from all sources for the six months prior to filing and divide the total by six to get a monthly average and do the same for your spouse if you both work. You then multiply each six month average by 12 to annualize it. If your combined annualized income is less than the median income for a family of your size you can file the Chapter 7.
    Answer Applies to: Georgia
    Replied: 9/27/2012
    Bodow Law Firm PLLC | Ted Araujo
    You qualify when you pass three tests. Income minus allowable expenses. Liquidation (unprotected equity?) and the Means test which measures the prior six months of income (annualized) and compares that to the median income based on your family size at the time you file. Almost Anyone can file a 7. The test is what will happen IF you file.
    Answer Applies to: New York
    Replied: 9/27/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You will have to provide additional information, the real question is you income and ability to make monthly payments, if you are they will set you on a budget using a Chapter 13. You need to speak with a bankruptcy attorney.
    Answer Applies to: Michigan
    Replied: 9/27/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    It is not the debt that qualifies you but the assets and income. So if you are below the income level for your geographic area then you should qualify.
    Answer Applies to: New York
    Replied: 9/27/2012
    Danville Law Group | Scott Jordan
    Eligibility for Chapter 7 Bankruptcy depends on your income and not your debts. Chapter 7 will stall but not necessarily prevent the foreclosure of your home. It will eliminate most credit card and medical debts. When were the cars repossessed? Is your home scheduled for a trustees sale? It is better to start preparing for bankruptcy now and not wait until the last minute. However, an emergency petition can be filed to stop everything if you need it.
    Answer Applies to: California
    Replied: 9/27/2012
    Law Office of Norman Moore
    Law Office of Norman Moore | Norman P Moore Jr
    There are several criteria that must be met in order to file for Chapter 7 relief. You cannot have received a bankruptcy discharge in the last 8 years and you must meet certain income requirements. Contact a bankruptcy attorney to find out if you meet them.
    Answer Applies to: Wisconsin
    Replied: 9/27/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    There are income requirements. You can try to look theses up on the Web.... or see a lawyer because if you initially appear to over the median income a good lawyer can see if you are entitled to some deductions which would get you into a Chapter 7.
    Answer Applies to: California
    Replied: 9/27/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    There are two primary requirements for Ch 7 eligibility: You have not filed a Ch 7 and received a discharge within eight years, calculated from filing date; Your household income is below the median income. The second requirement is called the Means Test and gets very complicated.
    Answer Applies to: Colorado
    Replied: 9/27/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    It depends on your income. It is based on the median income for your county based upon household members. You can go to the US Trustee's website to see the figures.
    Answer Applies to: New Jersey
    Replied: 9/27/2012
    Heupel Law
    Heupel Law | Kevin Heupel
    The eligibility for chapter 7 depends on your income and family size as well as the type of debts. Many people qualify for chapter 7, but consult an attorney first.
    Answer Applies to: Colorado
    Replied: 9/27/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Do an internet search for chapter 7 means test. Take the test to see if you can qualify to file a chapter 7, or if you have to file a chapter 13.
    Answer Applies to: Florida
    Replied: 9/27/2012
    LAW OFFICE OF MARGARET L. EVANS, PC
    LAW OFFICE OF MARGARET L. EVANS, PC | Margaret L. Evans
    Question: How do I know if I am eligible to file Chapter 7 Bankruptcy?* - by completing the MEANS TEST ....... we look back at the last immediate 6 months of prior income and other allowable expenses to see if you qualify.* Question Detail: We are under foreclosure, have had 2 cars reposesed, credit card debt and medical bills. The total is around $225,000. *- you MAY be able to save the house (if you want to) by filing a Chapter 13 and paying the arrearage through the plan, but ONLY if you have enough disposable monthly income to support a confirmable plan. *
    Answer Applies to: South Carolina
    Replied: 9/27/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    It mostly depend on your income level, and the amount of assets that are free and clear. It also depends on whether you wish to keep your home.
    Answer Applies to: Florida
    Replied: 9/27/2012
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