Q: How do I know if I qualify to file chapter 7 bankruptcy? What kind of questions will a judge ask me about my debt?
A: To qualify for a chapter 7, the primary test you must pass is the means test. There are other tests, such as the residency test, etc. The means test examines the size of your household and applies a certain annual gross income threshold figure to see if you qualify. The judge doesn't ask you questions; it is a trustee who you go before. He or she will ask basic yes/no type questions such as "Have you paid any one creditor more than $600 total in the 90 days before you filed bankruptcy?" Also, "Have you paid back any relatives in the past year?" Also, "Has someone passed away where you may be entitled to inherit?" Your bankruptcy attorney can answer all these questions more fully as well. I hope this helps you.
Bruce Alexander Minnick agrees with this answer
A: Consulate a competent bankruptcy attorney who can assess your financial situation and help you decide the right thing to do.
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.
