Can I qualify and get the life-changing "debt discharge" provided under the
code?
Federal bankruptcy laws provide for a "
means test" which will determine whether
you are eligible to file of Chapter 7 bankruptcy. If you can get ch.7 it is
generally what you want to shoot for because it provides the best financial benefit
to you. (Bear in mind not in all, just most cases.) If your income is below
the median income for families in Washington, based on Census Bureau statistics,
you should be eligible. If you make more than the median income for families in
Washington, your income over the past six months is considered, along with mortgage
and car payments, back taxes and child support due, and school expenses up to $1,500
per year. You won't be eligible for a Chapter 7 bankruptcy if, after deducting these
amounts, and the living expenses provided in the Internal Revenue Service's national
collection standards, you can still pay at least $6,000 ($100/month) to unsecured
creditors over five years. If you don't qualify for a Chapter 7 bankruptcy, your
only option would be a Chapter 13 bankruptcy.
The U.S. Trustee Program apply the median family income data to all cases filed
on or after February 1, 2007. This median family income data will be adjusted again
after the Census Bureau updates the data.
In Washington state, the median income for a single wage earner is $45,156;
for a family of two, it is $56,126; for three, $60,597; and for four, $74,432. *For
cases filed on or before March 31, 2007, add $6,300 for each individual in excess
of 4. For cases filed on or after April 1, 2007, add $6,900 for each individual
in excess of 4.
In a nutshell, if your income is under $45, 156 you can probably
get chapter 7. If not you're probably looking at having to file
under chapter 13.
For most persons it is not so much a question of whether they will be able to get
some form of bankruptcy relief but one of which various avenues and exemptions can
be best applied for in their case and how can they reasonably characterize their
whole situation to get the best option. Your financial transactions within
the 6 months prior to filing will help or hinder your case. We have seen people
have to give up as much as $30,000 in value simply because they did not convert
an asset properly which would have made the property exempt. One word of advice
is not to run up a long string of purchases on the eve of filing for bankruptcy.
We have seen cases a number of times where the client went on splurges just
before filing and almost destroyed his whole case. Whatever your situation,
we take a detailed look at what your options are and do whatever we can to help
you get the most the law will allow, while at the same time ensuring a correct and
acceptable filing.