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How can I qualify for Ch 7 bankruptcy?

Vero Beach, FL |

I am going through a foreclosure and was interested in filing for Ch 7 bankruptcy since it protects me better than Ch 13 from deficiency pursuance.

How do I qualify for it, what do they look for? I have no assets and I cannot pay for my delinquent house, at all.

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Attorney answers 4


Very generally speaking, you will have to file a petition with the Bankruptcy Court to commence the proceeding. To determine if you are eligible for Chapter 7, it is important that you meet a series of tests concerning your income. You must also take a credit counseling course before filing. There are limitations if you have filed for bankruptcy previously, whether or not you were discharged. If you are intent on doing it yourself - typically not a good idea when a foreclosure is concerned - you should go to the local bankruptcy Court for guidance. Otherwise you should hire an attorney.


You need to qualify based on income. There also are some time restrictions if you have filed bankruptcy in the past.

There is much more information needed before anyone can tell you that you qualify for chapter 7.


In order to file for Chapter 7 you need to make below the median income and/ or have no disposable income. Your eligibility is based on a means test that an attorney prepares for you based on your last, six calendar months of income. In a Chapter 7, the trustee is looking to determine whether you have any assets that can be liquidated to pay back unsecured debt. Call an attorney in your area.


One more qualification is necessary to file a Chapter 7. You must NOT have filed a Chapter 7 Bankruptcy or been been discharged in a Chapter 13 plan that paid out less than 70% within the last 8 years. If you have done either of these things, then the only door open to you is a 100% Chapter 13 plan. Good luck.

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Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.