Q: Can I apply for bankruptcy
A: Filing a Bankruptcy involves a weighing of several items, personal and legal. If you have no personal issues, then the major obstacle is the Means Test. This test is broken into several parts and looks at an average of what you have earned over the last six months, then compares it to others in your area. You only have to pass one part. If your average is above this then certain standardized and variable approved expenses are deducted.
Just because you qualify to file a Bankruptcy, does not mean you should. Every case is different and sometime you could be required to surrender property or pay to keep things that you may feel you should be entitled to. Most attorneys offer a Free Initial Consultation, during which they should address this.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.