Q: My debt is almost all medical, do I need a lawyer to file chapter 7?
A:
The filing of a bankruptcy is an important decision. Bankruptcy is a Federal case, that uses state laws and federal procedures. It can be very complicated. Though an attorney is not required for a natural person (vs. a business entity), it is suggested.
Whether you can file is based upon the weighing of several factors, the most important to the court being the Means Test. This test compares what you have earned over the last six (6) to those in your area. If you have earned less, you pass and can file. If not, then there is an other step which takes into account standardized variables.
Even if you can file a bankruptcy, then comes the question of if you should. Often debtors are required to surrender or pay to keep some of their property. What you get to keep is based upon your specific state's exemptions.
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