Can anybody get a chapter 7 discharge or are there requirements?

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Question:

Can anybody get a chapter 7 discharge or are there requirements?

Answer:

Under changes to the bankruptcy code in 2005, it became much more difficult to get a chapter 7 bankruptcy. As such, not everyone is eligible for chapter 7 to discharge there debts, and there are specific qualifications for chapter 7 that must be met. 

The major qualification for filing chapter 7 bankruptcy is your income. Under the rules set by the 2005 bankruptcy reform efforts, your income must meet certain criteria. There are two potential tests used to determine if your income is such that you will be permitted to qualify for chapter 7:

  • First, the court will look at whether your income is below the median for your state. If it is, then generally the court will determine that you are eligible to file for chapter 7
  • If your income is above the median, the court will then apply a "means" test. This test is essentially used to assess whether you have enough disposable income that you can afford to make payment towards your creditors and still have enough cash left over to provide basic life necessities. Under the means test, your income is compared to your required monthly obligations and to the amount of debt you have. If your required monthly obligations (legitimate ones, like rent and insurance) are high enough that you don't have enough money left over to pay debts, then you may be considered eligible for chapter 7. The exact amount of "disposable income" (leftover cash after required expenses) varies by state, but usually is around either 25 percent of your income or $100. 

To get help determining if you can pass the means test in your area, it is a good idea to consult with a lawyer for help. 

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