How to Know if You Qualify for a Chapter 7 Bankruptcy
Monday, 10 May 2010 08:40For the most part, it is not too difficult to qualify for chapter 7 bankruptcy protection. Once you qualify for one, you can eliminate your current debt and have a fresh beginning at your financial life.
It’s important to note that chapter 7 is NOT a repayment plan like chapter 13, and that not everyone is eligible for bankruptcy protection. There are a few qualifications one must meet to be eligible. These can include but are not limited to:
· You can’t have filed a chapter 7 in the last 8 years
· You can’t have filed a chapter 13 that paid back less than 70% of your loans to unsecured creditors in the previous 6 years
· You must demonstrate that your income is not sufficient to repay even a small portion of your creditors. Congress, in 2005, passed the Bankruptcy Abuse Prevention and Consumer Protection Act which created the “means test.” The “means test” creates an “objective” test to help the Courts determine whether or not a particular person has the means to repay creditors.
If you don’t fit into these qualifications, it’s likely that your chapter 7 bankruptcy will be dismissed. In some cases, if you are ineligible for chapter 7 relief, you could still qualify for chapter 13. Each case is different and only a skilled and experienced bankruptcy attorney can help you take the right action to get you out of debt now. Speak with a Legal Helpers attorney today by calling 800-260-1402 for a free evaluation.




