Too Much Income For Chapter 7

Under new federal bankruptcy laws designed to force more debtors into Chapter 13 bankruptcies which require reorganization plans, some debtors may find themselves with too much income for Chapter 7 bankruptcy proceedings. The traditional lure of Chapter 7 bankruptcy is the ability to discharge the entirety of all eligible debts, thus giving debtors a new start on their financial future. By contrast, Chapter 13 bankruptcy requires debtors to enter into a three to five year debt reorganization plan; it is only after successfully completing all payments under the plan that debtors become entitled to a discharge of their remaining debts. Now, however, debtors who have incomes over a certain amount, which varies according to family size and geographic location, may not be eligible to file Chapter 7 bankruptcy, unless they can demonstrate (under a complex formula involving income and assets) that they do not have the means to repay their debts.

Fast Facts

    28% of Americans say that their ability to pay their credit card debt has become more difficult.
  • In the last twelve months, 15% of American adults have been late in making a credit card payment.

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