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Law Girl
Law Girl, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4606
Experience:  I am an attorney.
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If I am below the median income for any reason...illness, injury,

Resolved Question:

If I am below the median income for any reason...illness, injury, fired from job, laid-off...whatever the reason...and I am below the median income for a chapter I qualified to file for a chapter 7 without question? Is there anything that can prevent me from filing and obtaining a successful chapter 7 filing? I live in a 2 person domicile and due to injury will be below the median income limit within 1- 1 1/2 months as I heal based on the prior six months of income.
Submitted: 8 years ago.
Category: Bankruptcy Law
Customer: replied 8 years ago.

brighton, Colorado
Expert:  Law Girl replied 8 years ago.


Thank you for your question.


As long as you can pass the bankruptcy means test, you can file for Chapter 7 bankruptcy, no questions asked. However, this does not take into account any difficulty you may face in getting the bankruptcy discharged is if any of your creditors makes any allegations against your (i.e. fraud, misrepresentations etc.)


What you heard is correct. The means test is where the bankruptcy court looks at the debtor's average income for the 6 months prior to filing and compares it to the median income for that state. If your income is below the median, as you have indicated, you should qualify for bankruptcy.


Please let me know if you have any other questions, or require clarification. Otherwise, please hit "ACCEPT", so I may receive credit for my efforts.


Good Luck!



Customer: replied 8 years ago.
ok, so a median yearly income of 63240 is actually 31620 for the 6 month analysis and if I fall below that for the six months I am qualified for a chapter 7 for all unsecured debt in my name...correct?
Expert:  Law Girl replied 8 years ago.
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