Determining Chapter 7 Bankruptcy Eligibility
Are you considering filing for Chapter 7 bankruptcy? If you are, then you will need to first pass the means test. This is a test that is used to identify whether or not a debtor is truly unable to repay the debt that he or she owes. The test uses the debtor’s amount of income and debt level to determine whether the individual is eligible to declare bankruptcy under Chapter 7 of the U.S. Bankruptcy Code.
If the debtor passes the test, that individual is in the clear to file for Chapter 7 bankruptcy. If the debtor fails the test, he or she only has the option of filing for Chapter 13 bankruptcy. A debtor passes the means test by either having an income level that is below the state median for the size of his or her household, or by having a disposable income level that is less than a designated amount.
What is the difference between Chapter 7 & Chapter 13?
Chapter 7 bankruptcy uses liquidation of certain assets (where applicable) to allow filers to get great portions of their problem debt discharged. In contrast, Chapter 13 bankruptcy is for individuals with stable incomes who can pay back some or all of their debt when their payment plans are restructured. The debt that can be discharged in this type of bankruptcy is much more limited.
Guidance from a San Antonio Bankruptcy Attorney
My name is Rick Flume, and I am a San Antonio bankruptcy lawyer who can help you properly crunch the numbers when you are taking the means test. It is my goal to provide you with the information and guidance you need concerning your bankruptcy filing options. In addition to helping you determine your Chapter 7 eligibility, I can also help you weigh the facts to see if Chapter 7 bankruptcy is truly in your benefit.