How do I know if I qualify for personal bankruptcy? 22 Answers as of June 17, 2011

How do I know if I qualify for personal bankruptcy?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Ask me. The best way to know if you qualify for personal bankruptcy, the best way to know if bankruptcy is right for you, is to consult with a certified specialist in bankruptcy law. Please call me for a free consultation. What do you have to lose?
Answer Applies to: California
Replied: 6/17/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
You start with speaking to a bankruptcy lawyer. We can let you know. The consultation is free.
Answer Applies to: California
Replied: 6/16/2011
Benson Law Firm
Benson Law Firm | David Benson
Everyone qualifies for bankruptcy protection. It's just a question of what Chapter you must file under, whether you can afford the relief and whether you are entitled to a discharge.
Answer Applies to: Ohio
Replied: 6/16/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
The basic question is whether you have any assets that could be sold to pay your debts (equity in house, cars worth more than you owe, jewelry, stocks, etc.) and whether your expenses for normal living expenses is greater than your income. If your debt equals what you'd pay an attorney for filing bankruptcy, it's not a good idea. If you're facing phone calls, lawsuits, and garnishments, bankruptcy will stop all that.
Answer Applies to: Virginia
Replied: 6/16/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You need to pass the means test, many factors go into doing so. You need to consult with a local attorney.
Answer Applies to: Washington
Replied: 6/16/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Since October of 2005 when the BAPCPA was passed, a Chapter 7 Means Test has been instituted to determine the qualification of a person for personal bankruptcy. The simple answer is that there is a certain dollar amount that a single person cannot make more than in order to qualify. However this is misleading as there are numerous exemptions and other elements that factor in so that even if a person grosses ten thousand dollars more than the limit there are possibilities that he or she may still qualify with the appropriate assistance from an experienced bankruptcy attorney. The best answer for this question is to see an attorney to assist you in determining your eligibility. Thanks for tuning in!
    Answer Applies to: Connecticut
    Replied: 6/16/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    There are strict qualifying factors, such as-but not limited to-prior filings, amount of debt (in a chapter 13), and domicile. However, strict qualification is one of many considerations. An attorney should carefully review your facts and history to ensure there are no red flags that may cause irreparable damage. Avoid any gloss-over assessment by counsel-it does happen.
    Answer Applies to: California
    Replied: 6/16/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Section 109 of the bankruptcy code defines who is eligible to file bankruptcy. Since this is a complicated matter you should seek the advice of an attorney who is a certified specialist in bankruptcy law. Consult the State Bar website for a listing of those attorneys in your area.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Office of Dennis Jay Sargent Jr, PLLC
    Law Office of Dennis Jay Sargent Jr, PLLC | Dennis J Sargent Jr.
    The easiest way to know if you qualify for bankruptcy is to call a local Attorney. Most attorneys offer free consultations to determine your qualifications. Bankruptcy is a government process and there are a lot of little particular rules and regulations that need to be considered, from income, family size, household size, debt, secured versus unsecured debt and others. Individuals can go to http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx to obtain forms and information about bankruptcy, but in most cases it is best to seek the assistance of an experienced bankruptcy attorney.
    Answer Applies to: North Carolina
    Replied: 6/16/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Call an attorney for a FREE consultation. you'll know in a matter of minutes whether you qualify and under what chapter you may want to file.
    Answer Applies to: California
    Replied: 6/16/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    Basically if you breath you qualify for bankruptcy. It is a matter of what chapter you can file. You qualify for Chapter 7 if your income and/or disposable income is below the requisite standard for your size household. You qualify for Chapter 13 if you have regular income and you do not owe too much money. Just about anyone with regular income can file a chapter 11.
    Answer Applies to: Arizona
    Replied: 6/16/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    There are guidelines to qualify. You might want to seek legal advice from an attorney or in the alternative go online you should be able to find the guidelines online.
    Answer Applies to: California
    Replied: 6/16/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    If you have questions about whether or not you qualify you should speak with a qualified Bankruptcy Attorney.
    Answer Applies to: New Hampshire
    Replied: 6/16/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The first test you must satisfy is the means test. This is an income based test and you really need a professional who is experienced with it to do it right. My office will give a 1 hour free consult or if you prefer we can do it over the phone. The income the court will require you to verify will be all income for the 6 months immediately preceding the month you wish to file. For example, if you wanted to file this month, June 2011, I would analyze ALL income, including bonuses, overtime etc. That you earned from 12/1/10 through 5/31/11. We add up all this income and divide by six months. This would be your income for the means test. There are other issues involving income that are important but this is the first test that must be satisfied.
    Answer Applies to: California
    Replied: 6/15/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    By having a consultation with a bankruptcy lawyer.
    Answer Applies to: California
    Replied: 6/15/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    Generally, if you are an individual with less than $44,700/yr in gross before tax income, you will qualify for a Ch 7 bankruptcy.
    Answer Applies to: Oregon
    Replied: 6/15/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Whether you should file bankruptcy and what kind of bankruptcy you should file is based on several factors. Some of these factors include you household income, family size, and assets that you own that are over the allowable exemption limits. You should contact a local bankruptcy in order to get a better assessment of your situation.
    Answer Applies to: Washington
    Replied: 6/15/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Everyone qualifies for a personal bankruptcy, but there are rules for which chapter you qualify under and, if you have had a recent bankruptcy, you may be barred for a certain period from getting a discharge of your debt. Talk to an attorney to fully understand how this works.
    Answer Applies to: Oregon
    Replied: 6/15/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    Most consultations with bankruptcy attorneys are free of charge so I would strongly suggest going to a professional who can review your current income and expenses and let you know if you qualify for bankruptcy in your state.
    Answer Applies to: Georgia
    Replied: 6/15/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You sit down with a lawyer who will need to look at your past and present income, your expenses, your debts and your assets, all of which affect the answer.
    Answer Applies to: Georgia
    Replied: 6/15/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you are in my area and are looking for an attorney, please contact me for a free consultation. I can help you determine if you qualify for bankruptcy.
    Answer Applies to: California
    Replied: 6/15/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    There is not a qualification process to file bankruptcy. There is a test to determine if you have to file a Ch 7 or a CH 13 bankruptcy.
    Answer Applies to: California
    Replied: 6/15/2011
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