Legally speaking, there isn't a specific amount of debt that makes bankruptcy appropriate. That is because debt is relative and the other big factor of course is. income and to some extent future income potential. During a consult, I typically calculate the debt to income ratio, family size/situation, types and amounts of debts, household budget, income - past, current, future potential. Can REASONABLE budget adjustments be made to repay debt in a REASONABLE amount of time. What is reasonable for one set of circumstances may not be so for another. What is the likelihood of creditor pursuing in court to collect, age of debt, whether person has adequate basic protection: health/vehicle insurance. If it's appropriate discuss alternatives like credit consolidation/settlement. Typically bankruptcy attorneys provide free consultations, it's an opportunity to review the options. Having said all this, if whatever that debt number is I personally think that BK is an overkill but the person wants to file anyway (perhaps for psychological or emotional reasons) despite my advice to seek alternatives then I have them sign a disclaimer stating what I advised them and that they wish to move forward with BK anyway with the understanding of the costs/consequences. I don't share the disclaimer with anyone but it's kind of insurance for me in that should someone come back later alleging that I sold them on filing BK. Oh no, not with me. One reason why I enjoy being a bankruptcy lawyer is knowing that most, if not all, previous clients having made the tough choice, are satisfied and probably living much better lives today than before we met.
Answered on Jun 03rd, 2015 at 8:14 PM