QUESTION

Do I qualify for bankruptcy?

Asked on Feb 28th, 2013 on Bankruptcy - North Carolina
More details to this question:
My bills are overpowering me and I don't want any trouble.
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11 ANSWERS

That depends on your assets, income and debts. A good bankruptcy lawyer can help you.
Answered on Apr 01st, 2013 at 2:39 AM

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Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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Bankruptcy gives the honest debtor overwhelmed by his debts a fresh start by discharging some or all of the debts. If you are being crushed by your debts, it may be that bankruptcy is the solution for you. You should consult with a local bankruptcy attorney. Many give free consultations and take with you whatever documents he or she requests. The attorney will be able to assess your specific situation and advise whether bankruptcy is right for you, and if so, when to file. The cost to hire the attorney will vary from one lawyer to another, but you'll find it isn't really that expensive, if it turns out you need to file. Hope this helps. Good luck.
Answered on Mar 08th, 2013 at 5:37 AM

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Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
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Yes. It would seem like u do? A means test would have to be run to verify.
Answered on Mar 04th, 2013 at 7:18 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Most likely yes. Bankruptcy is a constitutional right. The more important question is "should you file for bankruptcy"? Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Mar 04th, 2013 at 7:08 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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You did not really give any specifics, so here is some general information. All Bankruptcies are governed by Title 11 of the United States Code. There are several different types of bankruptcies. There is Chapter 7, 9, 11, 12 and 13. Below we will deal with Chapters 7 and 13, which are the two most commons types. To obtain relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. Subject to the "means test" described below for individual debtors, chapter 7 may be used no matter the amount of the debts. An individual cannot file under chapter 7 or any other chapter, if during the preceding 180 days: a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. In addition, all individuals, no matter under what chapter a person is filing, are required to obtain a "Credit Counseling Certificate" within 180 days before filing from an approved credit counseling agency either in an individual or group briefing. The "Means test" is one of the determining factors as to whether a person can file for a chapter 7 or a chapter 13. If the debtor's "current monthly income" is more than the state median, the Bankruptcy Code requires application of a "means test" to determine whether the chapter 7 filing is abusive. Abuse is presumed if the debtor's aggregate current monthly income over 5 years, minus certain allowed expenses, is more than (i) $11,725, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $7,025. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Unless the debtor overcomes the presumption of abuse, the case will generally be converted to chapter 13 (with the debtor's consent) or will be dismissed. Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. They must still make all mortgage payments that come due during the chapter 13 case timely. Another advantage of chapter 13 is that it allows individuals to spread out payments of certain debts and extend them over the life of the chapter 13 plan. A chapter 13 plan is a minimum of 36 months and a maximum of sixty months. Doing this may lower the payments. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection. One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." The debtor has no liability for discharged debts. In a chapter 7 and chapter 13 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not remove a lien on the actual property just the personal liability.
Answered on Mar 01st, 2013 at 8:12 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The requirements to be eligible to file bankruptcy are based on a comprehensive review of your income, expenses and debts. Not something that is easy to do in an online forum with little or no specific information.
Answered on Mar 01st, 2013 at 1:26 PM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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Qualifying, or not. could be complicated. There are many questions before determining what chapter of the bankruptcy code you could qualify for.
Answered on Mar 01st, 2013 at 1:25 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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You would need to do the means test and other schedules to see if eligible.
Answered on Mar 01st, 2013 at 1:25 PM

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Deborah F. Bowinski
Most people are able to file bankruptcy. There are many factors that will govern which type if bankruptcy is best and most appropriate for you. Consider scheduling an initial consultation with a local bankruptcy attorney to evaluate your situation.
Answered on Mar 01st, 2013 at 1:23 PM

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Bankruptcy Law Business Attorney serving Asheville, NC
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Yes. Bankruptcy is certainly an option for you.
Answered on Mar 01st, 2013 at 1:23 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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See an attorney in your area. It is absolutely impossible to answer that question with no information.
Answered on Mar 01st, 2013 at 1:21 PM

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