Under the United States Constitution, any person that is a United States citizen or residing in the U.S. can file for bankruptcy, however, there has been a new law that was passed to help prevent people from filing out of bad faith. The Bankruptcy Abuse Prevention and Consumer Protection Act was instated in 2005. This act makes it more difficult to qualify to file under Chapter 7, however, some people that were disqualified under that Chapter may still be eligible to file under Chapter 13.

In order for someone to determine which Chapter they can file under, they are required to take the bankruptcy "means test." This test determines if your income at the current moment is low enough to file for a complete liquidation bankruptcy under Chapter 7. Each state and certain counties within each state will have a slightly varied formula to help determine the income and what qualifies as below the poverty line in each particular area. Filers who qualify as high income, are allowed to repay their debts under a Chapter 13 bankruptcy, but not allowed to completely erase their debts under liquidation.

You Should Hire an Attorney

When you are considering filing for bankruptcy, it is important that you contact an attorney. An attorney can help you fully review your current financial situation and discuss if filing for bankruptcy is actually the right option for you. Bankruptcy should always be a last resort; however, if you find that bankruptcy is our only option, a lawyer can help. If you are ready to file or interested in having some questions answered regarding bankruptcy, you should contact Alan J. Fisher, PA. My offices will work hard to help you through this tough situation, offering reliable and professional legal advice.

Contact us today for a free case evaluation.