Looking at a relatively recent court ruling, it turns out that the timing of when you file bankruptcy could be very important and change the way your bankruptcy ultimately turns out.
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If you are going to file for Chapter 7 bankruptcy, you must take the “means test” first to prove that your case is not taking advantage of the system. Taking advantage of the system refers to filing Chapter 7 in order to erase all your debts EVEN THOUGH you have the ability to pay them off over time under a Chapter 13, which is more a repayment plan. If it is determined that your income is above a certain level during the means test, then you are expected to file a Chapter 13 bankruptcy, not a Chapter 7.
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Many times people try to avoid filing bankruptcy for as long as possible, and then file when it is the absolutely last choice. Waiting for financial desperation is not always the best way to decide when to file for bankruptcy. It’s easy for filers to dig themselves into a deeper hole and make it more difficult for themselves in the event that they actually do end up filing for bankruptcy.
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Are you required to include all debts when you file for bankruptcy? Our office recently received the following question by email:
I would like to know if I can file a Chapter 13 on my home loan. I am overdue 2 months. I do not want to include credit card debt.
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Clark and Washington announces the opening of two new offices in the Tampa/St. Pete area. The New Port Richey office is located at 6014 U.S. Hwy. 19, New Port Richey, FL in the Bank of America Building. Another new office was recently opened in Lakeland at 5302 S. Florida Avenue, Suite 209 in Lakeland, just south of Lake Miriam Dr.
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