Virginia Eastern District Bankruptcy Guide and Forms Package for Chapters 7 or 13

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If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and dont have the option of filing Chapter 7.
Generally, Chapter 7 is more appropriate for simple cases while Chapter 13 for more complicated bankruptcies. Or somewhat more accurately, Chapter 13 can give you more power over and flexibility with certain kinds of creditors, and if you have non-exempt assets.
An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtors willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors
Hiring an attorney to represent you in a Chapter 13 bankruptcy can be expensive. Unfortunately, representing yourself in Chapter 13 bankruptcy can be much more complicated than filing for Chapter 7 bankruptcy on your own, and filers rarely complete do-it-yourself Chapter 13 bankruptcy cases.
The court may deny an individual debtors discharge in a chapter 7 or 13 case if the debtor fails to complete an instructional course concerning financial management. The Bankruptcy Code provides limited exceptions to the financial management requirement if the U.S. trustee or bankruptcy administrator determines
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There is no minimum amount of debt required to file for either Chapter 7 or Chapter 13 bankruptcy. However, many bankruptcy attorneys advise against filing for bankruptcy if you have less than $10,000 in dischargeable debt because the legal fees and filing costs could outweigh any potential benefits of filing.

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