Taking the “Means Test” All the Way to Its End
If your income is higher than the median and you have too much disposable income, you’ll need “special circumstances” to do a Chapter 7.
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If your income is higher than the median and you have too much disposable income, you’ll need “special circumstances” to do a Chapter 7.
The point of the “means test” is to objectively judge whether you have the means to pay your creditors. But this test is very arbitrary.
If your income is higher than “median income,” you may still file a Chapter 7 case by going though the expenses part of the means test.
Because of how precisely the amount of your “income” is calculated, filing bankruptcy just a day or two later can make all the difference.
Most people considering Chapter 7 “straight bankruptcy” have low enough income to qualify. Find out if you do.
FACT: In bankruptcy, creditors seldom fight the write-off of their debts. Why not? And when DO they tend to fight?
How can you tell if your Chapter 7 case will be straightforward? Avoid 4 problems.
Chapter 7 “straight bankruptcy” is quick and often gives you what you need. But in many situations, Chapter 13 gives you SO much more.
The most common reason for a Chapter 13 “adjustment of debts” is if you have debts that can’t be written off in a “straight” Chapter 7 case.
Most debts are “discharged”–written off–in bankruptcy. But some may not be. Can we know in advance which will and will not be discharged?
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