Do I Qualify For Chapter 7 Bankruptcy?
Under rules imposed by the new bankruptcy laws enacted in 2005, individuals filing for bankruptcy must first undergo a bankruptcy means test. The test is used to determine the ratio of debt to income, in order to determine whether the individual or family qualifies to eliminate their debt through Chapter 7. In short, if the filer’s income is sufficient, in relation to debts, to pay off creditors, Chapter 13 is the only bankruptcy option allowed. While most people filing for bankruptcy would prefer to eliminate their debt to credit card companies and other creditors, Chapter 13 also has some advantages that should not be overlooked.
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The means test requires the filer to input all financial details about debts and income. An experienced bankruptcy lawyer knows what qualifies as debt and what is, or is not, income that should be counted against the ratio. The Law Offices of Chad M. Hayward, P.C., has helped thousands of individuals and families with every step of the debt relief and bankruptcy process. Attorney Chad Hayward will do everything legally possible to help you qualify for the bankruptcy chapter that is right for you and your family. We understand the principals behind the means test and we know the strategies to help you meet your goal. We have an excellent record of helping people qualify for Chapter 7, who might otherwise be forced to accept Chapter 13.
If the Bankruptcy Means Test Says You Don’t Qualify for Chapter 7 — Don’t Panic.
If the bankruptcy means test determines that you are eligible for Chapter 13, it doesn’t mean that you cannot eliminate some types of debt. Chapter 13 has many advantages that can allow you to reduce your monthly payments and protect yourself from foreclosure, car repossession and judgments against you.
We invite you to learn more about some of the differences between Chapter 7 and Chapter 13 bankruptcy at these information pages:
The Chapter 7 process and the Chapter 13 process
The advantages of Chapter 7
Types of debt for discharge under Chapter 7 and Chapter 13
Stopping collections actions against you
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