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Marcus Parker
Marcus Parker, Attorney
Category: Bankruptcy Law
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Experience:  practicing attorney including bankruptcy
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CHAPTER 7, WILL IT HELP ME WITH THE BELOW

Customer Question

I HAVE 2 INVESTMENT PROPERTIES BESIDES MY PERSONAL RESIDENCE...I AM ABOUT 9 MONTHS BEHIND ON BOTH INVESTEMENT PROPERTIES AND DON'T WANT TO KEEP THESE ANY LONGER..THE BANKS ARE STARTING TO FILE SUIT....COULD I FILE CHAPTER 7 AND JUST GET RID OF THESE PROPERTIES? I HAVE NO OTHER UNSECURED DEBT, BUT MAKE SIGNIFICANT INCOME AND DON'T WANT TO BE FORCED INTO A PAYMENT PLAN....I AM CURRENT ON MY PERSONAL RESIDENCE......BOTXXXXX XXXXXNE, I JUST WANT TO MAKE THE 2 INVESTMENT PROPERTIES GO AWAY BEFORE THE BANKS CAN ENTER ANY KIND OF MONETARY JUDGEMENTS???
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Marcus Parker replied 6 years ago.

Yes, that would make them go away, in effect. But you would have to qualify under the "means" test of the Bankruptcy Abuse Prevention and Consumer Protection Act.

 

"The means test applies to filers whose gross income (based on the six month period prior to filing), is above the median income in their state. Individuals whose incomes are below the median automatically qualify for Chapter 7. Filers whose incomes are above the median must then calculate their Disposable Monthly Income (DMI) to determine whether they are able to make payments on their debts sufficient to qualify them for Chapter 13. The DMI is determined by subtracting priority debt payments, secured debt payments, Internal Revenue Service determined expense allowances, taxes and certain other expenses from a filer's monthly income. If the DMI is less than $100 per month, they are permitted to file under Chapter 7. If the DMI is above $100, they must file under Chapter 13"

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Marcus Parker
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practicing attorney including bankruptcy