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Can I file for Chapter 7 bankruptcy?

People have many different reasons for not filing for bankruptcy. Perhaps they fear what their friends and family will think, or they are worried that it will affect their credit score for years to come. Some people do not even consider bankruptcy an option because they believe that they cannot file. While it's true that there are some people who do not qualify for bankruptcy, most people do.

This article outlines circumstances that render someone ineligible for a Chapter 7 bankruptcy filing. The first thing to note is that Chapter 7 is a bankruptcy option which sees the filer sell off many of their nonexempt assets in order to pay their debts. As such, your monthly income is means tested against the median income of your state to determine that your income is not too high. Note that this means test does not automatically disqualify you from filing for Chapter 7 bankruptcy, as effective legal representation can help you manage your bankruptcy filing around your income.

It is important to remember that if you have had debt discharged by a Chapter 7 bankruptcy filing in the last eight years, you will be ineligible to file for Chapter 7 bankruptcy again. Similarly, if you were involved in a previous bankruptcy case within the last 180 days that was dismissed for any reason, you are also likely ineligible.

There are a few other factors that may disqualify you from bankruptcy, but you can always meet with an attorney to discuss your case and find out exactly what your bankruptcy options are. An attorney can answer all of your questions about Chapter 7 bankruptcy, including asset exemption. If you are worried about losing your assets in Chapter 7, you may be surprised by how many assets are exempt under Texas law. Don't let your fears keep you from getting the debt relief you need.

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