Almost anyone who is facing overwhelming debts will be able to file for bankruptcy, but the type of bankruptcy will depend on their preferences and current financial situation. Chapter 7 bankruptcy is a very popular option because it is the quickest form of bankruptcy, and it usually results in the wiping away of all debts.
However, not everyone is eligible for Chapter 7 bankruptcy. If you are interested in filing for Chapter 7, it is a good idea to fully understand the eligibility requirements before proceeding.
Previous bankruptcy dismissal
If you have had a bankruptcy case dismissed in the past 180 days because you requested it after a creditor tried to lift the automatic say, you violated a court order, or the filing was considered fraudulent, you will not be able to file for a Chapter 7 immediately.
Your income or disposable income is too high
Any type of income, whether it is child support, government disability benefits, salary or tips, will be calculated to establish your monthly income. Your average monthly income in the last 6 months will be used to obtain an accurate estimate. If your current average income exceeds the median family income for Kentucky, you will not be eligible to file for Chapter 7.
Failing to undergo credit counseling
It’s necessary to undergo credit counseling in the 180 days before filing for Chapter 7. If you do not complete this, you will not be eligible to file.
If you believe that Chapter 7 could benefit you and your family, it is a good idea to take action and verify whether you are eligible. An experienced bankruptcy attorney can provide you with helpful information and guidance based on your specific situation.