Business & Finance Bankruptcy

What is the Criteria for Claiming Chapter 7 Bankruptcy?

    Determining Eligibility

    • If your current monthly income is lower than your state's median income, then you qualify for filing Chapter 7 bankruptcy. If not, then your eligibility depends on passing a means test.

    Means Test

    • The means test uses information related to your income and assets to determine if your disposable income is sufficient for repaying your debt.

    Dischargeable Debts

    • You can include credit card debt, medical bills, personal loans, auto loans and mortgage loans. You cannot generally discharge student loans or government debt through bankruptcy.

    Restrictions

    • You cannot file if you've had a previous Chapter 7 discharge in the past eight years, or if you've had a Chapter 7 filing dismissed in the past 180 days.

    Additional Requirements

    • As part of your filing, you are required to attend credit counseling from a certified agency.



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