How Much Do You Have to Be in Debt to File for Chapter 7?[yoast-breadcrumb]
How Much Debt Do You Need to File for Chapter 7 Bankruptcy?
Filing for Chapter 7 bankruptcy can provide much-needed relief if you’re struggling with more debt than you can handle. But how much debt is enough to qualify? While there’s no single dollar amount that guarantees you’ll be eligible, there are some general guidelines to consider.
What is Chapter 7 Bankruptcy?
Chapter 7 bankruptcy, sometimes called “liquidation bankruptcy,” is a legal process that wipes out many of your debts and allows you to make a fresh start financially. Under Chapter 7, the court appoints a trustee to oversee liquidating most of your assets and using the proceeds to pay back creditors. Some assets, like clothing, basic household items, and tools you need for work, are exempt from liquidation.
The biggest benefit of filing for Chapter 7 is that most remaining unsecured debts, like credit card balances, medical bills, and personal loans, can be discharged. This means you’re no longer legally obligated to pay them back. However, certain debts like student loans, alimony, child support, and recent taxes cannot be wiped out through bankruptcy.
The Means Test
To qualify for Chapter 7 based on your income, you must pass something called the means test. This looks at your average monthly income over the past six months and compares it to the median income for your state and household size. If your income is below the median, you automatically pass.
If your income exceeds the median, the means test also accounts for certain allowable monthly expenses. Things like housing, transportation, food, medical bills, taxes, and childcare expenses can be deducted from your monthly income. This helps assess your disposable income and whether you truly have enough to repay some debts. If the means test shows you can’t afford to repay creditors, you’re still eligible for Chapter 7.
How Much Unsecured Debt is Needed?
While the means test looks at income, Chapter 7 eligibility also depends on having a sufficient amount of debt. But there’s no clear-cut threshold that says you need exactly $X worth of debt to file.
That said, having at least $10,000 in unsecured debts like credit cards and medical bills often makes Chapter 7 a viable option. According to a 2021 report, the average Chapter 7 debtor has around $83,000 in total debt and about $55,000 in unsecured debt when filing.
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While not a hard rule, bankruptcy lawyers generally recommend having at least $10,000 to $15,000 in unsecured debts before considering Chapter 7. Otherwise, the legal fees, trustee costs, and liquidation process may not be worthwhile if you have minimal debt to discharge.
Weighing the Pros and Cons
Beyond the income and debt thresholds, it’s smart to weigh the key pros and cons of filing for Chapter 7 bankruptcy:
- Discharge of most unsecured debts
- Can stop foreclosure, wage garnishment, vehicle repossession, and debt collection activities
- Generally takes 3-6 months to complete
- Often allows keeping exempt assets like your home, car, retirement funds, and household belongings
- Bankruptcy appears on your credit report for 10 years
- May have trouble getting new credit for 2-4 years
- Non-exempt assets may be liquidated to repay debts
- Recent luxury purchases may be seized by the trustee
- Requires paying court filing fees, attorney fees, and trustee costs
For many people struggling with overwhelming debts they have no hope of paying off, the pros often outweigh the cons. But it’s smart to understand all the implications before making this major financial decision.
Alternatives to Chapter 7
If you don’t meet the income or debt requirements for Chapter 7, all hope is not lost. Here are a few alternatives to explore:
Chapter 13 Bankruptcy
Chapter 13 allows you to restructure debts and make payments over 3-5 years before discharging unpaid balances. This can allow keeping assets that might otherwise be liquidated under Chapter 7.
Debt Management Plans
A nonprofit credit counseling agency can negotiate with your creditors to lower interest rates and create an affordable repayment plan.
A debt settlement company works on your behalf to negotiate lump sum payoffs of debts, often for less than the full amount owed. This helps avoid bankruptcy.
Be cautious of debt relief scams and always research companies thoroughly before enrolling in any program.
The Bottom Line
There’s no magic number that guarantees Chapter 7 eligibility. But if your income falls below your state’s median and you have at least $10k-$15k in unsecured debts, bankruptcy may be a viable option. Speak with a qualified attorney or reputable credit counseling agency to discuss your specific situation.
With the right guidance, Chapter 7 bankruptcy can provide the fresh start you need to move beyond debt and start rebuilding your financial life. Don’t struggle alone – help is available if you’re willing to take the first step and seek it.