It all depends on your family size and monthly income. You state that you clear about $5000 a month, meaning you clear $60,000 per year, at 30% to that and you get approximately $78,000 per year income. In West Virginia the median family income for a family of four is only $66,000 per year, meaning if you had four people living within your house you are over $10,000 a year over the limit to file chapter 7 bankruptcy. In Massachusetts this number is $106,000, which would cover your income on allow you to file chapter 7 bankruptcy. The first thing you need to consider is median family income, this can easily be determined by googling "bankruptcy median family income" and then you simply look at the state you reside in. As long as you make less than the median family income, there will be no issues of abuse raised.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on Nov 13th, 2014 at 9:10 AM