One thing that I would definitely consider before filing bankruptcy is whether you will qualify for a Chapter 7 bankruptcy. Assuming you are not a family farmer or fisherman, there are two bankruptcy options for you. Chapter 7 is what's known as a liquidation, and if you have very few assets, you can discharge much of your debt without having to pay it back. Chapter 13 is what's known as reorganization, and a bankruptcy under this chapter reorganizes your debts, and you pay some of them back over a three to five year period. All other things being equal, you'd prefer to file Chapter 7 over Chapter 13 (because paying nothing back is better than having to make payments). In order to qualify for a Chapter 7 bankruptcy, you will have to pass the "means test." The means test compares your family's income to the median income of your state, and if your income (adjusted for family size is above the state median, you will not qualify for Chapter 7. In Illinois, if your average monthly income over the past six months was less than $6,595 per month and you have a family of four, you qualify for a Chapter 7 discharge. This figure is updated regularly.
Answered on Feb 20th, 2013 at 7:42 PM