What is the max a single person can earn in a year to be eligible for Chapter 7?
1 Answer | Asked in Bankruptcy Law for Ohio on Mar 20, 2013.
Answered On Apr 21, 2013
the income limits on ch 7 bankruptcy eligibility are determined under Official Bankruptcy Form 22(A). The law can be found under 11 USC 707. The higher number of qualified household members corresponds to a higher income threshold. The income threshold tracks quarterly IRS data for your geographic area. If your income is calculated so that it is higher than the applicable median income, then you have to complete the balance of Form 22(A) and plug in all of the available deductions, and at the end of the Form a determination is made as to your eligibility (there are two tiers applicable; if you fail the initial "presumption of abuse" determination, you move on to the next tier, and compare your monthly discretionary income to a set percentage of your unsecured debt. These standards all vary, and you should consult a bankruptcy attorney especially where you are close to or over the median income. If you screw this up, your case can be dismissed.