Who can File For Bankruptcy

  • women with too much debt

Can Anyone File for Bankruptcy?

Despite being one of the best legal recourse available for people who are struggling with heavy financial problems, there are a lot of misconceptions associated with bankruptcy. Believing in these myths can cause extensive harm to people who could face problems like wage garnishments, utility shutoffs, foreclosure, etc. According to lawyers belonging to Sacramento based law firm, Recovery Law Group one of the most common misconceptions surrounding bankruptcy is that people believe that bankruptcy is only for individuals with limited source of income and that people earning too much money cannot file for bankruptcy. Well, nothing could be farther than truth.

It is important to understand that debt and financial instability can have different forms. This is completely understood by the U.S. bankruptcy code, which keeps in mind to look out for people of every strata. A number of opportunities are available for wage-earners for bankruptcy filing and getting long-term stability that is associated with it. A number of debt-relief options are available depending on the financial condition of the individual, even those earning over six figures. it is important to discuss your personal financial troubles with a qualified bankruptcy attorney to get the best solution for the issue at hand.

How to Qualify for Bankruptcy?

The consumer can file for bankruptcy under any of the different numbers of bankruptcy chapters available as per the U.S. bankruptcy laws. The qualifying criteria for each are different, as are the pros and cons associated with them. Hence, it is important to not only find out which chapter you are eligible to file under but also what benefits you will get under that particular chapter.

Chapter 7 Bankruptcy

Consumers with limited assets can file under this chapter, where their assets are liquidated to pay off the creditors. This chapter has c=strict qualifying criteria (household income). For an individual to be eligible, they have to pass the means test, i.e. a formula is used to average the income over six months before the filing of bankruptcy. This average monthly income is compared to the median income of families in the state. In case your household income is less than the median monthly income, you are eligible to file under this chapter. If, however, your income is more than the median income, deducting certain expenses as per bankruptcy laws can still make you eligible for filing under chapter 7. The deductions can include insurance, transportation, housing, food, taxes, etc. In case, you still do not qualify for Chapter 7 bankruptcy, you may file under Chapter 13.

Chapter 13 Bankruptcy

This bankruptcy is for wage-earners, i.e. people who can make minimum monthly payments towards a merged debt. A number of options are available to filers under this chapter including the ability to retain their personal property and assets up to a certain amount while making monthly payments towards the debt. This chapter also helps prevent foreclosure on the property. As with chapter 7, chapter 13 also helps in the discharge of unsecured debts, albeit, unlike chapter 7, in this case, the discharge occurs after the completion of the payments as per the repayment plan.

No matter what our personal financial condition be, it is important to take stock and get control over your finances, before they spiral out of hand. Consult a bankruptcy lawyer to deal with your debt related issues and get a financial empowerment session.