How do I know which bankruptcy to file for? 5 Answers as of October 27, 2010

Chapter 7 or Chapter 13? $35,000 in debt. Mostly credit card. Less than $1,600 in monthly income. This cannot even cover everything.

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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 comprehensive consultation with a bankruptcy attorney in your area. With less than $1,600 in monthly income you would most likely qualify for a Chapter 7 case. Whether that's in your best interest or not depends on what assets you have
and other factors.
Answer Applies to: California
Replied: 10/27/2010
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
There is more information needed to really determine which category you will fall into. If you don't have much in the way of assets, and have the debts and income you describe, then you are likely a candidate for Chapter 7. However, it really depends on the whole picture.

If you have any further questions, please let me know.
Answer Applies to: California
Replied: 10/27/2010
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
If you have no money left over each month to pay bills, you would likely file under Chapter 7. Qualifying under Chapter 7 depends both on your income and the number of people in the household and whether you're married.
Answer Applies to: California
Replied: 10/27/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
Chapter 13 requires that you make a repayment schedule. Chapter 7 wipes out debt.
Answer Applies to: California
Replied: 10/26/2010
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