How To Qualify For Bankruptcy?

Under 11 U.S.C. ยง 109, qualifying for bankruptcy requires meeting specific statutory criteria, including passing the Chapter 7 means test based on state median income benchmarks or structuring an approved Chapter 13 repayment plan. Filers must also complete mandatory pre-petition credit counseling, disclose all assets and liabilities under oath, submit required tax documentation, and attend the Section 341 meeting of creditors to secure a bankruptcy discharge.

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Understand Your Options

Bankruptcy provides legal means of discharging debt and ending creditor harassment. Most filers can use Chapter 7 bankruptcy to discharge qualifying debts after completing a three- to five-year debt repayment plan, although certain debts such as child support, alimony, or restitution must still be repaid as public policy considerations require.

Individuals whose income exceeds what is eligible for Chapter 7 liquidation can seek relief under Chapter 13, commonly known as wage earner’s plan bankruptcy. This allows individuals with steady incomes to create manageable debt repayment plans through installment payments over three to five years.

Evaluate Your Financial Situation

There are six forms of bankruptcy – Chapter 7, Chapter 13, Chapter 11-12-13-14-15-16

In order to file for Chapter 7 and discharge your unsecured debts, you will first have to pass Part 1 of your state’s means test. This evaluates your household income by document