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Can I file Chapter 7 Bankruptcy based on these facts?

4 views 5 answers
$75k to $250k debt (business and personal). Combined income is around $60k to 85K. Debtors have really not stalked me in several years. One lawsuit filed last week and need that delayed until I can actually file for bankruptcy. I am expecting over the next three months $25k in previous years IRS tax returns. I must use those funds to replace our fence, roof, ac as the HOA could fine us. Our house payments are current and never late. Our expenses are very high. Cars are paid off. House w/utilities $2700 monthly. Insurance $420 for just one person. I risked $1400 on an investment in the last 30 days. I owe $5000 also to a doctor for knee surgery I just had AND MUST PAY HIM as we know him. I need shoulder surgery and ankle surgery as well. I guess I am looking for someone to work with

Attorney Answers

5
Ronald Drescher ·
I would think long and hard about filing a Chapter 7 bankruptcy. Not sure where you are located, so your exemptions are not known, but if you are getting $25,000 in tax returns over the next three months it is likely that a Chapter 7 trustee will want those for your creditors. Your cars are paid off, so those assets are also exposed. It is unlikely that I would ever rush into filing a Chapter 7 case for a client in your situation.
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Allan Darish ·
You need to sit down with an experienced bankruptcy attorney to go through all of the details. One important factor may be how much of your debt is business debt and how much is consumer debt. If more than 50% business debt, some of the consumer restrictions and requirements in a Ch 7 do not apply (No Means Test!). There are ways to slow down a creditor trying to get a judgment, such as filing an answer rather than letting the creditor take a default judgment. The debt to the surgeon could be reaffirmed if necessary. There are a lot of questions I would want to ask before advising whether you should file or if some other solution might be possible.
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Dorothy Bunce ·
Whether you can qualify to file will depend on the planning that goes into making your case work, so I agree that meeting with an experienced bankruptcy attorney to consider the strategy you will want to pursue. There are always more facts than you can disclosed in the # of characters available. Hope this perspective helps!
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Gary Armstrong ·
You may or may not be a good candidate. There is a big difference between $60k and $85k in income and it might be that you would be better off settling with the one aggressive creditor than filing bankruptcy. All of these questions and facts are something a capable bankruptcy attorney will review with you.
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Susanne Robicsek ·
You may, or may not qualify. You need to see someone who can do a proper analysis. While I can't give you a definitive answer, as an attorney I see several upcoming decisions that you have to make about what to do with money, how to spend, who to pay, etc. and you can make some big mistakes if you make the wrong decision. It is much easier (and less expensive) to work with an attorney to do something correctly, than to go to an attorney to try (try: not always possible to do) to fix something you did incorrectly. Consult a lawyer now before you make your decisions. They might tell you that you don't need to file, or give you great advice you are not aware of. You can usually get a reasonable fee consult, or even free. You have funds coming to you - it might be best for you to use them to hire a good lawyer, and a good lawyer should be able to tell you how to best use the funds. If you wait until you have spent them, you may be in a bind. If you acted incorrectly you will really need help, but won't have money to hire a lawyer or it may cost a lot more. Not to mention that many of the people I see who spend first then come to me, paid things they didn't need to or should not have, and they paid much more than an attorney would have asked to help.
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