Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
I was hoping that you could tell me if I'm eligible or not that's why I wrote you. What qualifications do you have to have to be eligible?
Sure. Here you go:
To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b). Subject to the means test described above for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor's debts or whether the debtor is solvent or insolvent. An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.
One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." The debtor has no liability for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property.
You can take the means test here: http://www.legalconsumer.com/bankruptcy/means-test/state.php?st=OH
No. If you don't want to keep the property, you can have the first and second mortgages discharged through the bankruptcy as well.
Feel free to ask as many questions as you want. I certainly don't mind!
No. Your money is put into an account for you to use on questions. When you click ACCEPT, the value of the question is transferred from your account to pay me 1/2 ($15)and JA gets the other 1/2.
You're only charged when you click ACCEPT. Thus, if you only click it once, you'll only be charged once.
That's up to you. Even if you click ACCEPT and pay me, the question will not close. It will remain open and you can ask more questions without paying again.
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