Hennessey, OK asked in Bankruptcy for Oklahoma

Q: I make $51,000 a year. Can I still file chapter 7 since I am over the median income?

I pay child support. Feeding myself comes second to putting gas in the car to get to work. I work 45 miles from my home.

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1 Lawyer Answer
Todd Laster
Todd Laster
  • Bankruptcy Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: It is possible to qualify for a Chapter 7 even if you are above the median income. There is an additional portion of the Chapter 7 Means Test for debtors who are above median income that takes into consideration deductions for certain allowable living expenses, taxes, secured payments on certain debts and Court ordered payments like child support. You should meet with an experienced bankruptcy attorney who files both Chapter 7 and Chapter 13 consumer cases for a free initial consultation. More facts are needed to determine if you do in fact qualify for Chapter 7 but it is possible even if you earn above the median income for your household size.

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