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If you are looking at various bankruptcy options, you have no doubt encountered the possibility of filing for Chapter 7 bankruptcy relief. Unlike some of the other chapters, Chapter 7 bankruptcy does not include a repayment plan — it liquidates all nonexempt assets; and then, after paying those funds to creditors, permanently eliminates your debt.
Declaring Chapter 7 bankruptcy is a big decision in the financial life of any individual. This is an event that will have financial consequences for years after the filing; and Chapter 7 in particular is notable, because you may very well have property taken from you during the process. As with any chapter of bankruptcy, the decision to file should not be made lightly.
Chapter 7 bankruptcy does have some features that will look very attractive to borrowers drowing in debt. When debtors wonder "Should I file Chapter 7 bankruptcy?", they are probably eyeing the prospect of eliminating their debt without the burden of a repayment plan. This is by far the greatest benefit to the debtor who is declaring Chapter 7 bankruptcy.
If you are thinking of filing for Chapter 7 bankruptcy, you should strongly consider consulting with a qualified and licensed bankruptcy attorney as soon as possible. There are a lot of factors that go into Chapter 7 bankruptcy eligibility, such as your monthly income, the nature of your expenses, and the type of debt you have. These variables can not be easily understood by the average layperson who is not a bankruptcy attorney.
Declaring Chapter 7 bankruptcy is hardly automatic — a court has to find that you are eligible for this chapter's protections, and then grant you the protection. That means that your financial case needs to be presented in such a way that the court looks favorably on a potential Chapter 7 filing for you. A good Chapter 7 bankruptcy lawyer will be able to maximize your chances of being granted a Chapter 7 filing.
When figuring out if you are potentially eligible for protection under Chatper 7, you should not try to simply read information on the internet and make a guess. This is a matter that needs to be discussed with a qualified bankruptcy attorney, because every situation is different.
However, certain people are more likely to be granted Chapter 7 protection than others. One of the more crucial components of determining Chapter 7 eligibility is what's called the means test. The means test has the debtor take the average of their past 6 months of income and then compare that to the median income of their state. The debtor typically needs to have an average monthly income that is at or below the state median in order to be approved for Chapter 7 bankruptcy.
If an individual does not meet the necessary requirements for Chapter 7 bankruptcy, the court may convert the case to another chapter if appropriate.
At JT Legal Group, our bankruptcy law attorney fees are competitive and affordable when considering the top-notch representation you will receive from our veteran legal team. JT Legal Group has been representing individuals in matters revolving around their property or finances for years. We fight for consumer rights and use our extensive knowledge of the law to help you get back on your feet and focusing on what matters.
Michael Avanesian specializes in the field of corporate restructuring and litigation. Mr. Avanesian has a wide range of experience in Chapter 11 bankruptcy cases and has represented corporate and individual debtors, secured creditors, unsecured creditors, lessors, lessees, trustees and other interested parties in bankruptcy cases and related litigation.
The Chapter 7 bankruptcy attorneys at JT Legal Group care about representing the rights of debtors. Call today to get a free 15 minute consultation and see if Chapter 7 can work for you.