Is there a way to know if a judge will accept a Chapter 7? 3 Answers as of July 28, 2010

I am in the process of looking to file a bankruptcy. I realize I will need an attorney to represent me, but is there a rule of thumb as to whether I will even qualify for a chapter 7 vs. a chapter 13?

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Fasel, Fasel & Nefulda, LLP
Fasel, Fasel & Nefulda, LLP | Jordan Nefulda
In order to file for Chapter 7, you will need to calculate your Current Monthly Income, which, simply speaking, is the average of your income for the 6 months prior to filing. Depending on your income, you may be subject to the "means test," which is a further analysis of whether or not you qualify for Chapter 7.

If you have further questions, please feel free to call our office and schedule a consultation.
Answer Applies to: California
Replied: 7/28/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Generally, if you have regular income and need time to catch up on debts, chapter 13 is the preferred route. Under Chapter 13, the debtor can save their home from foreclosure by allowing them to catch up on payments through a court payment plan. Attempting to file for chapter 7 relief (liquidation of assets) may be denied for several reasons, such as regular/high income, debtor fraud in obtaining loans or lines of credit, prior bankruptcy filings. Chapter 11 filing is for reorganization of debts; your business can remain open while your debts are adjusted or reduced.

Bankruptcy can be avoided by making out of court agreements with creditors. Please call and make an appointment so we can assist you return to financial independence.
Answer Applies to: California
Replied: 7/21/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Yes, there is a way to determine which you will qualify for. Your attorney should be able to go over the specifics of your case and tell you whether you qualify. Call us for more information.
Answer Applies to: California
Replied: 7/20/2010
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