How do I know if I qualify for a Chapter 7 bankruptcy?
In order to qualify for Chapter 7 bankruptcy in Utah, you must first pass a "means test." This test is required by the Bankruptcy Code and is administered by the bankruptcy court. The means test looks at your current monthly income and compares it against the median income for a family of the same size in Utah. If yours is lower than the median income, you qualify for a Chapter 7 bankruptcy. However, even if your income is higher than the median, you may still qualify for a Chapter 7 bankruptcy. The means test also considers your current expenses, such as food, housing, and medical bills. If your total expenses, plus any nondiscretionary expenses, are higher than your current monthly income, then you may qualify for a Chapter 7 bankruptcy. In addition to the means test, you must also meet other criteria in order to qualify for a Chapter 7 bankruptcy. These include having a regular source of income, not having had a prior bankruptcy discharge in the previous eight years, and not having had a prior Chapter 7 bankruptcy dismissed due to an inability to comply with court orders. To determine if you qualify for a Chapter 7 bankruptcy, it is best to speak to an experienced bankruptcy attorney in Utah. An attorney can help you understand the process and determine if you meet all of the qualifications for filing.
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