The new bankruptcy laws created in 2005 made specific guidelines and criteria that help determine who will be allowed to file and stay in a Chapter 7 bankruptcy. If you do not meet these guidelines and wish to continue in bankruptcy, you still have the option to file a Chapter 13 bankruptcy.
An experienced attorney can help you determine if can file a Chapter 7 bankruptcy and help you complete the “means test” – a formula designed to determine if your income, minus certain allowed expenses, is higher than the median income for your state. While this new requirement places some limits on who can file, most people who would have qualified under the old law will still qualify under the 2005 amendments.
In addition to the “means test”, there are other restrictions on who can file. Some restrictions that could prevent you from filing a Chapter 7 include:
Even if you can’t file a Chapter 7, you may still be able to file Chapter 13 Bankruptcy and enjoy the protections afforded by the bankruptcy laws.
Meet with Bankrupcy Lawyer Marie Allen for FREE to determine how the law applies to your specific situation. Contact Marie online or call 314-872-1900 to schedule your FREE CONSULTATION today!