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Can I file for bankruptcy?

There are many reasons that people may choose not to file for bankruptcy: some people are afraid of what it might mean, some people are too proud to accept what they view as a failure and some people simply do not think they can. Those who are struggling with debt are encouraged to remember that bankruptcy is a legal form of debt relief, it is not a failure and most people will not have problems filing for bankruptcy.

It is important to note that while most people can file for bankruptcy, the type of bankruptcy for which they can file may vary depending on their circumstances. For example, those with high incomes may have a difficult time filing for Chapter 7 bankruptcy, but could find more success with a Chapter 13 filing. Chapter 7 bankruptcy is the type of filing that most people think of when they consider a bankruptcy filing, and it allows certain debts to be completely discharged.

There are a few other reasons that a debtor may not be able to file for Chapter 7 bankruptcy. These can include ability to repay a significant portion of the debt, having filed for bankruptcy too recently or defrauding creditors. However, it is worth mentioning that many of these reasons can be subjective, and there are other factors that may affect a debtor?s ability to file.

One such important factor is the state in which an individual is trying to file. In Texas, a means test may affect how your income plays into your ability to file for bankruptcy. This is why it is important to enlist the aid of an attorney when filing for bankruptcy. An attorney who is familiar with bankruptcy laws in your area may help you overcome certain restrictions in order to file for a Chapter 7 bankruptcy and get the debt relief you need.

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