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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can I file for bankruptcy after the short sale of our home

Customer Question

Can I file for bankruptcy after the short sale of our home in which we are paying a deficiency of over 75k on?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 6 years ago.

Hi - my name is Kirk and I'm a Bankruptcy litigation attorney here to assist you.


Yes, you can file bankruptcy under Chapter 7 of the bankruptcy code and have the debt discharged and relieve yourself from this obligation.


You will have to pass the means test to qualify, but assuming you can do that, you should be able to file. Here's a site to calculate:

Customer: replied 6 years ago.

Thanks I tried the means test confusing terminology... I don't know what to put under as the 75 k debt.


The reason I ask is b/c I am due to pay my 70k student loans back and was deemed able to pay for the deficiency for our house this april. We are hearing mixed responses on whether or not we could include it.

Expert:  Roger replied 6 years ago.
Here's a link that outlines the means test content. It may give you some help in getting through the test eligibility issues: