If you are working full time, can you claim Chapter 7? Is there a limit or formula?
If you are working full time, can you claim Chapter 7? Is there a limit or formula?
whether or not you are working full time is not a factor in determining your eligibility to file chapter 7. Under the new bankruptcy law, we must fill out what is called a means test. this analyzes whether you have insufficient money to pay your creditors using a mix of the IRS standards and your actual expenses and your past and future financial condition. Generally speaking, if you are a family of 2 and your household makes less than $65,000 gross per year, and if you are a family of 4, around $80,000, then you will pass the means test with flying colors.
C. Anthony Hughes
Bankruptcy Attorney
916-374-0682
Thanks Anthony, this helps. I will call you to ask more specific questions.
Tell them to go ahead and try. Social Security is not garnishable except for back taxes. In addition, the maximum amount anyone can garnish of wages is 25%.
Next time they call, ask for their company name and address - they have to give it to you. When you get the name and address of the company, write a letter, return receipt requested, to them that formally requests that they stop calling. Under the Fair Debt Collection Act, if you request that they no longer call, they can't call. This should be done in writing so you have a record.
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