How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31680
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I would like to know if your income can prevent you of filing

This answer was rated:

I would like to know if your income can prevent you of filing bankruptcy ? Also, would having an LLC make a difference ? I have over extended for the past year getting through a divorce, also have had cancer leaving lots of medical issues as well as cost to deal with, not sure what I can do . Thank you
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Yes, your income can prevent t you from filing bankruptcy. If you make too much money, you may be ineligible to file chapter 7, but an 11 or 13 can usually be filed.

In order to determine your chapter 7 eligibility, you will have to take the means test for your state. You can find this test online. I'll try to find a link and post it here for you.
Here's a link to the means test calculator for your state:

If you fill out the form, it should tell you whether or not you qualify.

As for owning an LLC, that doesn't have anything to do with your filing - - other than the income you generate from owning your interest in it. You would have to disclose the LLC interest as an asset.
Customer: replied 4 years ago.
Thanks, XXXXX XXXXX chapter 11 is the best for me, in 4 months divorce will be over, I don't want to skip out on paying or damage my credit, is it possible to do chapter 11 without damaging my credit.
Unfortunately, no. Any bankruptcy filing will damage your credit. BUT, a chapter 11 or 13 does the least damage because you are actually paying off your debts and getting credit for it.
Roger and other Bankruptcy Law Specialists are ready to help you