Do I Qualify for Bankruptcy?

Do I Qualify for Bankruptcy?

If you are considering filing for bankruptcy, the first question you should ask yourself is: do I qualify for bankruptcy? Attorney Chris Bush can help you determine the answer to that question and whether bankruptcy is right for you.

San Diego personal bankruptcy lawyer Chris Bush has developed a law practice focused exclusively on helping individuals and families find debt relief. His arguments in several California courts have influenced bankruptcy case law and he is regionally known as a lecturer on bankruptcy law. Contact him today to speak to learn about your options.

Individuals and families may be eligible to file for bankruptcy under two chapters of the federal Bankruptcy Code: Chapter 7 and Chapter 13.

Do I Qualify for Chapter 7 Bankruptcy?

Chapter 7 bankruptcy eliminates most consumer debt and provides individuals and families with a "fresh start." However, Chapter 7 bankruptcy protection is not available for everyone.

To file for bankruptcy under Chapter 7, you must pass a financial means test. If your income is less than the median income in California, you likely qualify for Chapter 7. If it is higher than the median income, you may still qualify if, over the next five years, your disposable income (your gross income minus allowed expenses) will be less than $11,725*, or less than 25 percent* of your nonpriority unsecured debt (such as credit cards).

It does not matter if you have extensive debt or if you are solvent or insolvent. The means test is the only financial requirement that you must meet to file for Chapter 7 bankruptcy.

Do I Qualify for Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is available to many individuals who do not qualify under Chapter 7. Chapter 13 bankruptcy does not discharge all bankruptcy debt. Rather, it makes paying back debts more manageable through a debt repayment plan.

Chapter 13 bankruptcy relief is available for any individual with less than $360,475* of unsecured debt and less than $1,081,400* of secured debt.

When Can't I File for Bankruptcy?

You may not file for either Chapter 7 or Chapter 13 bankruptcy if:

  • Within the last 180 days, a prior bankruptcy proceeding was dismissed because of your actions
  • You refused credit counseling from an appropriate credit counseling agency

Contact a Mission Valley File Chapter 7 or 13 Bankruptcy Lawyer

  1. Contact a San Diego personal bankruptcy lawyer toll free (619) 295-3322. Schedule a free initial consultation during regular business hours, or evenings and weekends by appointment.

Free Initial Consultation *

*The financial numbers on this page change over time.

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Chris Bush

With over 12 years of experience and thousands of cases as a consumer bankruptcy attorney, Chris Bush is on the cutting edge of Bankruptcy and Student Loan Law. Chris can assist you in untangling the options to find the best solution for your specific debt relief case.

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Auto Loan Delinquency Rising

Late Car Payments?

The number of people 90 days late in car payments approaching peak levels since the subprime crisis of 2010.

If you’re late on your car payments, come in for a Chapter 13 consultation!

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Clients with Student Loan Debt

Clients with Student Loans

Some information I need to evaluate your Student Loan options is contained in your National Student Loan Data System Report. Instructions for obtaining this report are available on my web site at sandiegostudentloanlawyer.com/nslds-report. Simply print/save the reports as a PDF, of all pages. Please DO NOT "DOWNLOAD" THE REPORT from the link - this creates a text file that is very difficult to read; please print the web page as a PDF file - the summary page of all loans AND the individual reports for each loan. Samples of these pages can be viewed by clicking the respective links in the previous sentence. I look forward to reviewing this report with you and assisting you with the management of your Student Loan debt.

I have prepared a brief questionnaire for you to fill out to provide me most of the information I will need. Please click this questionnaire link and provide me with the information listed. I would also like to see copies of your most recent pay stubs or other income information.

My office is located at 2727 Camino Del Rio South, Suite 135-C, San Diego, CA 92108. The main entrance to the building is on the right/west side. I am on the first floor; when you enter the building, turn right and I’m in the suite at the second door on the left. If the suite door is locked, please call or text at 619-678-1134 and I will let you in. (Unfortunately, I usually can’t hear a knock at that door.) I look forward to meeting with you and assisting you on your path back to financial freedom.