Title Vii Regulations
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FAQ
For example, typically under Federal exemptions, you can have approximately $20,000.00 cash on hand or in the bank on the day you file bankruptcy. The vast majority of my clients have considerable less than $20,000.00 in the bank the day I file their bankruptcy.
Chapter 7 does not involve the filing of a plan of repayment as in chapter 13 and is sometimes referred to as "straight bankruptcy". Instead, a trustee is appointed in the case and sells the debtor's nonexempt assets and uses the proceeds to pay the creditors of the debtor.
You can file twice or even three times, even if you have received a discharge.
Filing bankruptcy without an attorney is called "Pro Se" - meaning to represent oneself in legal proceedings. With limited exceptions, Section 109(h) of the Bankruptcy Code requires that all individual debtors receive credit counseling from an approved provider within 180 days before the bankruptcy filing.
Applying the Means Test The first part of the means test consists of determining whether your income is more or less than the median income for a household of your size in Alabama. If you earn less than the median income, you are eligible to file for Chapter 7 bankruptcy.
Each state has a different dollar amount as a threshold for qualifying under the means test. In the State of Alabama: If you are single, live alone, and earn less than $39,768 per year ? you automatically qualify under the means test to file for Chapter 7 bankruptcy protection.
A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in ance with the provisions of the Bankruptcy Code.
You usually must have less monthly income than most Alabamians. If you have more income than most Alabamians, and you can afford to pay $100 per month toward debt, you must use Chapter 13 instead. The court looks at your monthly income, expenses, and your total debt to decide whether you can file Chapter 7.