Chapter 7 Bankruptcy

Chapter 7 bankruptcy gets rids of most of your debts and is the most common type of bankruptcy.  

The Means Test determines who can qualify for filing a Chapter 7 bankruptcy.  The primary intent of the means test is to identify whether you have any disposable income to pay your outstanding debts.  There are two sections in the means test, with the first identifying whether your income is below the median income of your state looking at your income for the past six months, but if there are any upcoming circumstances that might change your earnings, they’re taken into consideration as well.

The second part of the means test tries to identify your disposable income after taking into account your allowable expenses.  You can file for Chapter 7 bankruptcy only if you pass the means test.

Chapter 7 bankruptcy provides quick relief from debt.  It usually takes between  5 and 6 months to complete the process.

Some of the immediate advantages of filing a Chapter 7 bankruptcy include: 

• Eliminates all unsecured debt such as medical bills, credit card bills and personal loans
• Immediate relief from any creditor calls
• Stops wage garnishment and eviction proceedings
• Protection for most of your assets, wages, and even property, depending on exemptions.
• There is no specific limit for debt relief under Chapter 7 bankruptcy.

  Some of the drawbacks of filing a Chapter 7 bankruptcy that you should know prior to filing: 

• Chapter 7 bankruptcy stays on your credit report for up to ten years.
• You’re likely to lose luxury possessions or property not exempted by the trustee.
• Child support, alimony, student loans are not dischargeable
• If you have disposable income, there are chances that your Chapter 7      bankruptcy could be converted to Chapter 13 bankruptcy, making the debt relief process long and expensive.

Prepare to file for Chapter 7 bankruptcy by gathering any financial records including credit card statements, loan statements, and bank statements. A means test calculation must be conducted before our bankruptcy lawyer can determine whether you’re eligible for this type of bankruptcy and if you can afford to pay back your debt. 

If you’re going through financial troubles, call to schedule a free consultation with a California bankruptcy lawyer today. The compassionate legal professionals at the Law Offices of Ginger S. Marcos, APC will evaluate your case to determine which type of bankruptcy would benefit you most. We serve Anaheim, Fullerton, Garden Grove, Buena Park and all of the surrounding SoCal communities. Visit our web page at marcoslawfirm.com or give us a call at 949-417-6202 and let us give you the legal advocacy you need.