Which chapter do we file if we have $17,000 in debt, don't own a home but would like to buy after filing bankruptcy? 15 Answers as of February 25, 2016

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Stephens Gourley & Bywater | David A. Stephens
You could file any chapter, but probably want to file chapter 7.
Answer Applies to: Nevada
Replied: 2/25/2016
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
It actually depends on your type of debt, income, and total assets that you have. If your income is low, your debts are general unsecured debts, and you have no major assets, probably a Chapter 7. I would suggest you call and get a free consultation with an experienced bankruptcy attorney. If you supply them with the information needed to make an evaluation, he or she can usually tell you to the dollar what you can and cannot do. I wish you luck.
Answer Applies to: Georgia
Replied: 2/24/2016
Ronald K. Nims LLC | Ronald K. Nims
Chapter 7 would appear to be the best fit for you.
Answer Applies to: Ohio
Replied: 2/24/2016
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
If you qualify chapter 7.
Answer Applies to: Michigan
Replied: 2/24/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
Unfortunately, the information you shared does not give my any assistance in helping you to decide what type of bankruptcy you might wish to file. If you had said you had $17,000 in recent tax debt, child support arrearages, or delinquent mortgage payments, I could say Chapter 13. Or if you had said you have $150/month available to pay debts beyond your necessary living expenses, I could say Chapter 13. Frankly, I will not accept a case for bankruptcy where the debt is less then $20,000, but that is just me.
Answer Applies to: Nevada
Replied: 2/24/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Most likely a chapter 7, but I don't know what state you are in. I also don't know what you own. You should check with local counsel.
    Answer Applies to: California
    Replied: 2/24/2016
    Timothy Casey Theisen, P.A. | Tim Theisen
    Sounds like a chapter 7 to me. It should then take 2-3 years to qualify for a mortgage.
    Answer Applies to: Minnesota
    Replied: 2/24/2016
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Chapter 7, assuming you are not over the median income for your state.
    Answer Applies to: Colorado
    Replied: 2/24/2016
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Chapter 7.
    Answer Applies to: California
    Replied: 2/23/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The key question is how much you two earned budding the past six months doubled. If that amount remember it's your gross income from all sources exceeds the median in your state for the past 12 months is greater than the median (50% more; 50% less) for a household of your size, then you must file under Ch. 13 unless you have PROVABLE expenses for a number of the items on your Means Test. Retaining a skilled BR lawyer is almost always worth the expense.
    Answer Applies to: Wisconsin
    Replied: 2/23/2016
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    It depends on whether you qualify for a Chapter 7 discharge; otherwise, you may need to file a Chapter 13 case (assuming that you do not have large amounts of secured debt).. You qualify for a Chapter 7 case depending on your household's total income and the size of your family. The larger your family, the more your household's total income may be and still allow you to qualify for Chapter 7 relief (note that if you support adults who are not your children and full time students, such people may not count toward the size of your family). With that said, the short answer to your question is that it depends and you should consult a qualified experienced attorney.
    Answer Applies to: California
    Replied: 2/23/2016
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    If you qualify you can file a Chapter 7 bk but you need to check all requirements.
    Answer Applies to: New York
    Replied: 2/23/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    The first and foremost factor in deciding on a bankruptcy is your income, and you have not mentioned that in your question. Bankruptcy is defined as the inability to pay your debts when they become due, so $17,000 might or might not be a serious burden for you, depending on your income. But if you're contemplating buying a home, you should have some down payment set aside, which could be used against you in a bankruptcy. So you really should speak to a knowledgeable bankruptcy attorney for some pre-filing strategy to make sure you can achieve all your goals.
    Answer Applies to: Oregon
    Replied: 2/23/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You don't really get to choose which type filing to make; rather, it depends upon your income and expenses. Of course, a chapter 7 is more quickly resolved and gets you moving forward with re-establishing your credit sooner for purposes of purchasing a home.
    Answer Applies to: Nevada
    Replied: 2/23/2016
    Danville Law Group | Scott Jordan
    It depends on your income and expenses. A Chapter 7 bankruptcy is probably the best option for you.
    Answer Applies to: California
    Replied: 2/23/2016
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