Chapter 7 Eligibility

by DeLadurantey Law Office, LLC on March 26, 2010

If you are facing heavy unsecured debts and are considering filing for Chapter 7 bankruptcy, you probably have questions about whether or not you are eligible to file. This can be particularly confusing if you are not familiar with the updates to the US bankruptcy code implemented by 2005’s Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCA).

While it may not be right for everyone, successfully filing for Chapter 7 bankruptcy may be your best option for eliminating your debts and moving on with your life.

Am I Eligible?

Bankruptcy law may be very confusing to the uninitiated, and you may have questions concerning your eligibility to file for Chapter 7 bankruptcy. The requirements are:

  • You must have undergone credit counseling, either for individuals or for groups, within the last 180 days.
  • You have not had a filing dismissed in the last 180 days because of your failure to appear in court.
  • If you make over the median income for your state, you will undergo a “means test,” to ensure that you are not abusing the bankruptcy system. An experienced bankruptcy attorney may be able to help you with this test. If you fail the means test, you may be limited to filing under Chapter 13 bankruptcy.

If you meet these criteria, you may be a candidate to file for Chapter 7 bankruptcy, which can help discharge your debts and reclaim your life.

If you or someone you love is considering filing for bankruptcy, the DeLadurantey Law Office, LLC may be able to help. To find out more about what our Milwaukee bankruptcy attorneys can do for you, contact us today by calling 414-377-0518.

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