Do I qualify for a bankruptcy ?

Do I qualify for a bankruptcy ?

Forty years ago, the only criteria for a bankruptcy was whether your debts  exceed your non exempt assets. Today, the qualification for a bankruptcy is far more complicated.

That’s why you need an attorney for a bankruptcy.

There are three tests which your finances must be put through to qualify.

They are:

  • a median test
  • a means test and
  • a good faith test.

The tests do not focus on your assets but on your past and future income.

The median test is straightforward

The median is the halfway point in income for your household size in Iowa . Did your household income exceed the median  for your household size ? If you have a household of four, was your income less than $78000 for the last year ?. If it was , then you pass the median test and the means test is not applicable. If you made $80000, then your income  was be reviewed under a means test.

The means test over the past six monthsBankruptcy Means Test Iowa

The means test takes the last six months income and reviews it against allowable expenses for the last 6 months. The expense allowances are fairly generous. This test is designed to get at  high rollers that spend themselves into debt planning all along to file a bankruptcy. A normal Iowan with typical debts has nothing to worry about.

The last test is the “good Faith” test

As part of your case filing you will fill out an income and expense schedule for the next year. If there is something like a job change or pay increase that would yield you substantial excess funds, then a chapter 7 bankruptcy will not work. Normally, people are near zero or even upside down looking into the future. In the last ten years since the latest Bankruptcy act was passed, I have had only 2 or 3 clients that had problems with the goods faith test.

Do not make the mistake of trying to decide yourself as to whether you qualify

My first appointment is always no charge, I review the 3 tests with you and usually can tell whether there might be a problem.

Bankruptcy can give you a fresh start

Call me with any questions at 319-373-1989

John M Heckel, Iowa Bankruptcy Attorney since 1974

 

photo by:
Share our content to help others...Share on Facebook
Facebook
Share on Google+
Google+
Share on LinkedIn
Linkedin
Tweet about this on Twitter
Twitter
Email this to someone
email
Print this page
Print