Requirements To File Chapter 7 Bankruptcy

Everyone has the privilege to file bankruptcy

Everyone has the privilege to file bankruptcy. They can file as many times as they want but they do not exactly get the result that they wanted. There are certain requirements and qualifications to be able to file bankruptcy and also there are specific guidelines to follow to be able to file a certain type of bankruptcy. Among the types of bankruptcy, chapter 7 is the most difficult to file. It is because chapter 7 is a great way to get you out of debts as quickly as possible without ever having to worry about debts afterwards. The only exchange for having chapter 7 as your type of bankruptcy is that, a debtor must give up all his properties that are considered as non-exempt which will proceed to the process of liquidation.

What are the requirements to file chapter 7 bankruptcy under the new bankruptcy law? The new bankruptcy law has made it hard for anyone to be eligible to file bankruptcy. This new law under the Bankruptcy Abuse Prevention and Consumer Protection Act or BAPCPA commence on October 2005. The new regulations specified in this law indirectly or directly promote chapter 13 than chapter 7. These added requirements to file bankruptcy are; you need to attend a credit counseling session that is provided by a credit counseling agencies, you need to submit a documented attendance that you attended the whole program of credit counseling sessions. Other than that, credit counseling agencies provide a repayment plan which is a leads to a chapter 13 filing.

Another important requirement to file chapter 7 bankruptcy is to pass the means test. This is the test that determines the eligibility of a person to file bankruptcy by accessing data base on your personal financial structure. The result will be either a passing mark, which means that a person has no other means of repaying his debts and if forced will cause undue hardships to him, or a failing mark which means that a person has sufficient income that exceeds his expenses and will be a able to afford to pay his debts, then the person can file chapter 13, which is a repayment plan.

Failing the means test is not the end. You can use timing to become eligible to file a chapter 7 type of bankruptcy. Do not rush to the bankruptcy court and file your papers knowing that you will fail the means test. If you foresee that you income will drop down to a level where it is considered below average income according to the state that you live in, then wait for that moment to come and file your bankruptcy. More likely, you will become eligible. People who hold an ongoing chapter 13 type of bankruptcy can change to a chapter 7 if their income had significantly drops as well. All they need to do is get the approval and protection of the bankruptcy court.

There are many ways to find out what is the right one for you to file your bankruptcy without spending a lot of money. I suggest hiring a petition preparer or a bankruptcy lawyer to prepare your papers. You only pay them their flat fee and do the rest of the way by yourself. For more support on how to file bankruptcy, visitthe link below.

by: Steve

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