EASTSIDE CHAPTER 7 BANKRUPTCY LAWYER
ALWAYS START WITH THE WORST-CASE SCENARIO WHEN ANALYZING YOUR OPTIONS. By doing this kind of scenario planning, you will be the most prepared and the most able to avoid the worst-case scenario, which is bankruptcy.
If you have not been sued, you can mail this cease and desist letter to any creditors who mail you a collection notice. Ignore all calls from creditors.
If you have been sued, then you can use the Notice of Appearance below to get email notice of everything filed in your case. This will avoid having a default Judgment entered against you without notice. Typically, the Motion for Default is set for hearing at least 30 days ahead. This is valuable time.
FOUR REQUIREMENTS TO QUALIFY FOR CHAPTER 7
- Below median income for your family size or passing of means test.
- Not having filed Chapter 7 in the past 8 full years and received a Discharge, or filed a Chapter 13 in the past 6 full years and received a Discharge.
- Not having any non-exempt assets that you are unwilling to surrender (For example, more than $125,000 in home equity).
- Being current on your house and car payments if you wish to keep your home and vehicles.
Is Chapter 7 Bankruptcy Right For You?
Many people fear Chapter 7 bankruptcy, because they worry they will have to give up their property, and that filing will ruin their credit. In reality, many filers keep most or all of their possessions through exemptions, and I help all my clients rebuild their credit after bankruptcy.
Chapter 7 bankruptcy is a last resort after all other options have been exhausted. It is not appropriate for everyone. As your lawyer, I will work with you to decide whether Chapter 7 is an appropriate option for your circumstances. If so, I will help you file properly to avoid serious legal and financial pitfalls.
Best Alternative to a Negotiated Agreement (BATNA):
Debt-to-Income Ratio (DTIR): A guideline for determining if bankruptcy protection may be appropriate for you is the relationship between your income and the total amount of non-mortgage debt you have. 35% is considered high risk. For example, if you earn $50,000 per year and your debt is more than $17,500 your chances of paying off your debt are poor. At the same income if you owe $25,000 (50% DTIR) or more your chances of paying off your debt are approaching nil. If your DTIR is 100% or more there is no point in continuing to pay unsecured creditors whose balances can be discharged in bankruptcy.
The Means Test
To qualify for Chapter 7, your income must be below the median for your family size (in which case you don’t take the means test) or if your income is above the median for your family size you must pass the means test. Passing means having less than $100 per month in disposable income.
Median income: If your average gross monthly income falls below the median for your family size, you do not have to take the means test. If above the median, proceed to step two unless more than half of your total debt is business debt. In that case you are exempt from the Means Test.
Family Size – Median Income – For Cases Filed After 04-01-2020
1 – $67,511
2 – $80,251
3 – $92,568
4 – $107,481
5 – $116,481
(Plus $9,000 for each additional family member above 5)
Disposable income as calculated by the Means Test: Disposable income is the amount of money available to pay creditors as calculated by subtracting certain allowed living expenses from your average gross monthly income. If you cannot pay the amount the means test says you should, then an affidavit of special circumstances is required to explain why not. You may be able to obtain a Chapter 7 discharge if your circumstances are uncommon and compelling.
If the means test shows disposable income of less than $100 per month then you pass and can file under Chapter 7, if not then proceed with analyzing your options in Chapter 13.
When you are ready to sit down and talk about whether bankruptcy is a good fit for you, give me a call. I will give you an overview of your options, and together, we will come up with a plan to get you working toward financial freedom.
Great care must be taken when filing for bankruptcy. Certain missteps can mean that your bankruptcy is not as helpful as it could have been, while other mistakes can lead to charges for fraud.
The following do’s and don’ts of bankruptcy can lead to serious problems for filers who get them wrong. When preparing to file and during the process:
- Do not borrow money or withdraw money from a retirement account.
- Do not take cash advances or use credit.
- Do not pay unsecured creditors.
- Do not pay back family members.
- Do not settle debt.
- Do not bank where you have credit.
- Cancel all automatic payments.
- Report all assets. Do not sell or transfer assets.
- Before filing, verify your car lien.
- Do not have secured and unsecured loans with one creditor.
Are You Ready To Get Out Of Debt? Contact MLO For A Free Consultation.
If you are worried about foreclosure, judgments or wage garnishment, email me at email@example.com and schedule a free and confidential consultation about your options to get help with debt.
MULVANEY LAW OFFICES, PLLC
Mulvaney Law Offices, PLLC, is located in Bellevue, Washington, representing estate planning & probate, chapter 7 and chapter 13 bankruptcy, and real estate transactions clients in Seattle, Tacoma, Everett, Bellevue, Redmond, Renton, Issaquah, Sammamish, Maple Valley, Burien, SeaTac, and throughout King, Snohomish and Pierce counties.