Most of the debtors might not be completely aware regarding who may file chapter 7 bankruptcy. In the US, bankruptcies are commonly filed under chapter 7, 11 and 13. And during the first half of 2009, there was a drastic increase of 33% when it came to personal bankruptcy filings. Most of the debtors might not be completely aware regarding who may file chapter 7 bankruptcy. In the US, bankruptcies are commonly filed under chapter 7, 11 and 13. And during the first half of 2009, there was a drastic increase of 33% when it came to personal bankruptcy filings. Remember, the new bankruptcy rules and regulations effective from 2005, have imposed restrictions on chapter 7 qualifications.
Most of the debtors might not be completely aware regarding who may file chapter 7 bankruptcy. In the US, bankruptcies are commonly filed under chapter 7, 11 and 13. And during the first half of 2009, there was a drastic increase of 33% when it came to personal bankruptcy filings. Remember, the new bankruptcy rules and regulations effective from 2005, have imposed restrictions on chapter 7 qualifications. This has in no way deterred debtors whose first personal bankruptcy choice is still remains chapter 7 liquidation of assets. Nevertheless, when you are out to consider a chapter 7 bankruptcy filing, it could be important for you to have a thorough understanding of new bankruptcy laws that apply to chapter 7 bankruptcies. This could actually enable you to know how to file for bankruptcy under chapter 7 successfully.
Typically, under chapter 7 eligible debtors can get all their assets liquidated for repaying their creditors. However, in accordance with new guidelines a personal bankruptcy filer needs to meet few critical requirements that have been stipulated by the new bankruptcy law of 2005. To that effect, one who is considering filing a bankruptcy has to be a legal resident of the U.S. and undergo the Means Test to determine eligibility for chapter 7 personal bankruptcy. This is a complicated test and therefore, if you are out to file for bankruptcy, you need to consult a competent bankruptcy attorney who is well versed with the new bankruptcy rules and regulations as well as filing procedures. This could be essential as failure in passing the chapter 7 bankruptcy Means Test could make you completely ineligible for a chapter 7 bankruptcy.
To be eligible for chapter 7, the first thing is that your existing monthly income needs to be either less than or equal to median household income for a family of similar size prescribed in your state. If your current monthly income is more than the average income determined, you could be required to pass the Means Test for determining your eligibility on filing for a chapter 7 bankruptcy. The primary aim of the Means Test is to know whether you have any disposable income left for paying back your debtors. The process involves calculating the difference between monthly income and IRS permitted expenses besides debt payments. That is why you need to have proper bankruptcy information prior to filing a chapter 7. If you have some surplus income that is above a pre-subscribed limit, automatically chapter 13 rules would apply to your case.