Quick Answer: What Is A Statement Of Presumed Abuse Chapter 7?

What is the maximum income for Chapter 7 in Florida?

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy.

If it is over $12,475 then you fail the means test and don’t have the option of filing Chapter 7..

Can I keep my car if I convert Chapter 13 to Chapter 7?

Sometimes, conversion to Chapter 7 is necessary because you can’t keep up with the payments required under your Chapter 13 plan, but conversion may be possible regardless of your reason. Depending on your situation, you may keep your house and car under Chapter 7, though generally the payment must be current.

Do you have to list all debt in Chapter 7?

You must list all debts on your Chapter 7 bankruptcy schedules without exception—even if you think they won’t get wiped out by your discharge. If you leave off a debt, you run the risk of remaining responsible for it.

What expenses are allowed in Chapter 7?

Allowable Living ExpensesRent or home mortgage payment (including lot rented for mobile home)Electricity, natural gas, butane.Cable television.Internet service.Water and sewer.Telephone (including cellular phones)Trash service.Home maintenance/repairs.More items…

How do you overcome presumption of abuse?

If your income is more than the median, you must then overcome the presumption of abuse by passing the means test or proving to the court that special circumstances exist such that your case should not be dismissed or not be converted to a Chapter 13 bankruptcy.

What are considered assets in Chapter 7?

Everything you own or have an interest in is considered an asset in your Chapter 7 bankruptcy. Whether the bankruptcy trustee will use an asset to pay your creditors depends on whether the asset is protected by an exemption.

Can I keep my cell phone in Chapter 7?

As most executory contracts like leases or cell phones are so necessary in most cases, the court will have no problem with you keeping the contract if you are paying it. … If you are behind on your cell phone payments and want to cancel the contract, bankruptcy will allow you to do so without any early termination fees.

Can I keep credit cards in Chapter 7?

While it generally is not a good idea to keep a credit card in Chapter 7 bankruptcy, in most cases you can do it. But keep in mind that if overspending contributed to your financial problems, you should avoid using credit cards after your bankruptcy.

Do I make too much for Chapter 7?

One of the most common myths about bankruptcy is that high income debtors earn too much to file bankruptcy. But the truth is that no matter how much you earn, you may qualify for Chapter 7 or Chapter 13 bankruptcy based on your financial situation.

Can you still file Chapter 7 if you fail means test?

Your Income and the Means Test. … The means test presumes that low-income debtors can’t pay back creditors and therefore, aren’t abusing the system by filing for Chapter 7 bankruptcy. However, if your income is above the median, you don’t automatically fail, either.

How much debt do I have to have to file Chapter 7?

There is no minimum amount of debt for Chapter 7 bankruptcy, but there is a maximum. You can’t have more than $1,257,850 in secured debt (usually home, automobile, boats or motorhomes) or $419,275 in unsecured debt (usually credit cards, medical bills or personal loans).

Can you be denied Chapter 7?

The rejection or denial of a Chapter 7 bankruptcy case is very unusual, but there are reasons why a Chapter 7 case can be denied. Many denials are due to a lack of attention to detail on the part of the attorney, errors made on petitions or fraud itself.

What is the income cut off for Chapter 7?

If your annual income, as calculated on line 12b, is less than $84,952, you may qualify to file Chapter 7 bankruptcy. If it’s greater than $84,952, you’ll have to continue to Form 122A-2, which we’ll review in the next section.

What happens if I convert from a Chapter 13 to a 7?

(Learn more in Exemptions in Chapter 13 Bankruptcy.) Bankruptcy estate property when converting from Chapter 13 to 7. The Chapter 7 estate will include all of the property you owned (and couldn’t exempt) on the day you filed the original Chapter 13 that remains in your possession or control on the date of conversion.

How is Chapter 7 means test calculated?

To take the means test, you must first compare your monthly income in the six months before you file for bankruptcy to the median income in your state. If your income is less than the median, you have passed the means test and are eligible to use Chapter 7.