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Chapter 7 discharges consumer debts- credit cards, medical etc. Chapter 13 is a debt repayment plan, usually paying from 10-100% of the unsecured debts back and 100% of secured debts, 100% of mortgage arrears.
You should always use an attorney when filing bankruptcy.
The court will approve a feasible chapter 13 repayment plan assuming you meet the code requirements, and can afford the monthly payments.
Chapter 7 cases aren't really 'approved'.
it is whether the trustee will liquidate any unexempt assets or if a creditor files an adversary objecting to discharge of the debt.
To file chapter 7, the debtors must pass the means test (6 month household income review)
If the test shows that there is still disposable monthly income, then the chapter 13 will be needed.
Currently, the median income in Georgia for a 4 person household is $68,122
if the total household income from the 6 months leading up to the case, as computed to yearly figures is above this figure, then the means test needs to be calculated.
Just because the income is higher, does not preclude a chapter 7. There are variable and set deductions for the county they live in, so meet with that attorney again to re-run the numbers.
do you have any questions?
thanks for your question, feel free to request me for any future questions. good luck to you and your son.
I cannot read the top part of the answer, it starts at "if the total household income"
I'll switch this to Q&A perhaps you can read it there. I'll repost as well
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