Short answer: probably not.
Slightly longer answer: The means test is the gatekeeper to Chapter 7. It's not clear that you pass the means test, and missing is whether your wife is employed or not, making your income even higher than your comfortable salary.
The safe answer is, probably not. While I have helped people who earn high incomes like you file Chapter 7, legally and ethically, you do not seem to fit that fact pattern. You have only one secured debt, no priority debt, no court-ordered domestic support. It certainly would seem that you have disposable income at the end of the month, after your reasonable expenses were paid. Of course, I could be wrong.
Chapter 7 is really intended for those who have no ability to repay their debts. While you have a somewhat large household, the burden will be on you to show that you really cannot afford to repay your debts in a Chapter 13 bankruptcy. This needle can be thread, but again, the starting place with these facts is, probably not.
Sit down and meet with an attorney. Some will perform the means test for you for a small fee. It's just a form, but like a tax return and other forms, completing it to maximize your chances of success requires experience and know-how. You might qualify for filing Chapter 7 bankruptcy; you might not.
If you don't qualify, consider negotiating and settling your debts. Also consider Chapter 13, which provides a structured means to pay some or all of your debt back, but not necessarily all. Which is best for you? Meet with an attorney locally to go over your options, learn the pros-cons of each one, and get a suggestion for which is best for you.
Good luck to you, and do remember to mark the "best answer." The attorneys at Avvo are not compensated, and Avvo keeps track on the feedback we receive. Thanks again.
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I have to give you that most frustrating answer that we attorneys rely on when we do not have all the facts, and it is "it depends". You have laid out some of your assets and possible your household size here but it is difficult to answer this question without more information. Your monthly expenses also have an impact on which Chapter you can file. You should take advantage of a free consultation with a competent bankruptcy attorney or even pay an attorney to analyze this issue for you. The amount you would pay would be more than worth it in benefit to you.
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I would have to agree with the first two answers. It really depends. Our office has had higher earners pass the "long form means test." Even if you do that, you still aren't out of the water. Then it has to be determined whether or not you have the ability to pay. My best advice for you would be to find an attorney and get a consultation. Most BK attorneys will give a free consultation. I know our office does. We also have a knack for getting unlikely Chapter 7 candidates into the Chapter 7. That's enough about us. Anything else you would need to know is on our website.
Ben is the associate attorney at the Law Office of Paul Staley. The firm practices exclusively in the areas of Bankruptcy and Family Law. Visit us on the web:Ask a similar question
Depends. I've had clients who were able to obtain discharge in chapter 7 with a 2 person household and $150K annual income, however they had significant debt obligations that are considered allowable deductions that we subracted from the income. Others with much less income were not able to pass the means test. You should consult with an attorney to discuss all details of your potential case. While you have supplied some information, more is needed to answer the question. The devil is in the details.Ask a similar question