Do I Qualify for Bankruptcy?

Do I Qualify for Bankruptcy?

If you are considering filing for bankruptcy, the first question you should ask yourself is: do I qualify for bankruptcy? Attorney Chris Bush can help you determine the answer to that question and whether bankruptcy is right for you.

San Diego personal bankruptcy lawyer Chris Bush has developed a law practice focused exclusively on helping individuals and families find debt relief. His arguments in several California courts have influenced bankruptcy case law and he is regionally known as a lecturer on bankruptcy law. Contact him today to speak to learn about your options.

Individuals and families may be eligible to file for bankruptcy under two chapters of the federal Bankruptcy Code: Chapter 7 and Chapter 13.

Do I Qualify for Chapter 7 Bankruptcy?

Chapter 7 bankruptcy eliminates most consumer debt and provides individuals and families with a "fresh start." However, Chapter 7 bankruptcy protection is not available for everyone.

To file for bankruptcy under Chapter 7, you must pass a financial means test. If your income is less than the median income in California, you likely qualify for Chapter 7. If it is higher than the median income, you may still qualify if, over the next five years, your disposable income (your gross income minus allowed expenses) will be less than $11,725*, or less than 25 percent* of your nonpriority unsecured debt (such as credit cards).

It does not matter if you have extensive debt or if you are solvent or insolvent. The means test is the only financial requirement that you must meet to file for Chapter 7 bankruptcy.

Do I Qualify for Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is available to many individuals who do not qualify under Chapter 7. Chapter 13 bankruptcy does not discharge all bankruptcy debt. Rather, it makes paying back debts more manageable through a debt repayment plan.

Chapter 13 bankruptcy relief is available for any individual with less than $360,475* of unsecured debt and less than $1,081,400* of secured debt.

When Can't I File for Bankruptcy?

You may not file for either Chapter 7 or Chapter 13 bankruptcy if:

  • Within the last 180 days, a prior bankruptcy proceeding was dismissed because of your actions
  • You refused credit counseling from an appropriate credit counseling agency

Contact a Mission Valley File Chapter 7 or 13 Bankruptcy Lawyer

  1. Contact a San Diego personal bankruptcy lawyer toll free(619)295-3322. Schedule a free initial consultation during regular business hours, or evenings and weekends by appointment.

Free Initial Consultation * Available for Evening and Weekend Appointments

*The financial numbers on this page change over time.

Read 52188 times
Chris Bush

With over 12 years of experience and thousands of cases as a consumer bankruptcy attorney, Chris Bush is on the cutting edge of Bankruptcy and Student Loan Law. Chris can assist you in untangling the options to find the best solution for your specific debt relief case.

Initial Free Consultation

  1. Your Name(*)
    Please let us know your name.
  2. Your Email(*)
    Please let us know your email address.
  3. Phone(*)
    Please write a subject for your message.
  4. Message(*)
    Please let us know your message.
  5. Invalid Input
  6. Enter Code
    Invalid Input

Auto Loan Delinquency Rising

Late Car Payments?

The number of people 90 days late in car payments approaching peak levels since the subprime crisis of 2010.

If you’re late on your car payments, come in for a Chapter 13 consultation!

Compassionate. No-nonsense. Great job. Saved me $85K!

I had three choices: two large groups, or DebtDoc. I chose DebtDoc because of their numerous excellent reviews from clients as well as other attorneys. Also, I wanted someone to provide personal service and have a vested interest in my difficult student loan case.

I certainly made the right choice. DebtDoc's attorneys personally answered two of my phone calls and regularly answered my emails, even on one Sunday evening.

After 30 years of student loan "prison", he got me freedom AND he even got the US Dept. of Justice to dismiss 25% of my loans, which saved me $85K.

I feel like I have a new lease on life because of DebtDoc. I wish I could recommend 10 stars.

Client Testimonial

To whom it may concern,
DebtDoc's attorneys are extremely knowledgeable with the complexities of Federal Student Loans.
I went from a thriving career to full medical disability, ending with an SSDI placement. Unfortunately, I lost everything and became unable to continue making the student loan payments, so it was in deferment for over five years. When the SSDI settled I tried to negotiate an affordable payment plan with the loan holders but they refused my efforts, instead demanding over twice the amount I could afford.
I contacted DebtDoc and found them to be courteous, responsive and quick to assess my situation. They were sure they could help and took time to answer all questions, which relieved much anxiety. Within months they successfully resolved the debt! With much confidence, I highly recommend DebtDoc.
Sincerely,
 CJWaldenSignature
CJW