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When you file for bankruptcy, the court looks at your monthly income. However, they determine that monthly income by averaging it over the past six months. The court then subjects that average monthly income to the means test , an examination that prevents individuals with a higher than average income from using Chapter 7 bankruptcy.
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The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. (see Washington Court Directory ) Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.
Individuals may file chapter 13 bankruptcy petitions if they: Reside, have a domicile, a place of business, or property in the United States, or a municipality; Have a source of regular income; and on the date the petition is filed owe less than $290,525 in unsecured debts and less than $871,550 in secured debts.
Filing for Bankruptcy: What to Know If you plan to file for bankruptcy protection, you must get credit counseling from a government-approved organization within 180 days before you file. You also have to complete a debtor education course before your debts can be discharged. Approved Credit Counselors and Debtor Educators
The U.S. Bankruptcy Court states that it is extremely difficult to succeed in bankruptcy filings other than Chapter 7 without an attorney. It further warns of serious long-term financial and legal consequences of a do-it-yourself filing, such as loss of property, as well as the technical complexities and the harm caused by mistakes or inaction.
Filing bankruptcy can help a person by discarding debt or making a plan to repay debts. A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity.
There are three types of bankruptcy that a business may file for depending on its structure. Sole proprietorships are legal extensions of the owner. The owner is responsible for all assets and liabilities of the firm. A sole proprietorship can take bankruptcy by filing for Chapter 7, Chapter 11, or Chapter 13.
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