Legal - Attorneys
There are three different types of personal
bankruptcy that you can file in Colorado; Chapter 12, Chapter
13, and Chapter 7. A Chapter 12 bankruptcy is used exclusively by
family farmers. A Chapter 13 bankruptcy requires you to pay back
some or all of your debts through a debt repayment plan. A
chapter 7 bankruptcy discharges most of your unsecured debts in
the fastest possible manner.
What are the requirements
to file a chapter 7 bankruptcy?
In order to file a chapter 7 bankruptcy you have to pass the
"means test." The means test looks at your income, debts, and
expenses, to determine whether or not you can afford to pay back
your creditors. If the test finds that you are able to pay back
some of your creditors you will be required to file a chapter
13.
How does the "Means Test" Work?
The first part of the means test compares your current monthly
income to the median
income of other Colorado households of your size. If your
income is less than the median, you may file Chapter 7bankruptcy.
Currently in Colorado the median income for a single individual
is $55,858; the median income for a family of two is $72,037; the
median income for a family of three is $81,496; and the median
income for a family of four is $95,117. However, if you make more
than the median income, all is not lost, it may still be possible
to file a chapter 7, but more calculations must be made.
What if I make more than the median income?
If your monthly income exceeds Colorado's median income you must
determine whether your family would have enough disposable income
left, after subtracting allowed expenses, to pay off some of your
unsecured debts. Unsecured debt includes personal loans, credit
cards, payday loans, medical bills, etc. If your disposable
income is equal to or more than a minimum amount set by law, you
will not be allowed to use Chapter 7.
How do I take the Means Test?
The means test can be very complicated as you not only impute
your income, but also use state and national standards for food,
housing, and other expenses to determine if you qualify for a
chapter 7 bankruptcy. If you are considering filing a chapter 7
bankruptcy, it is always recommended that you contact a qualified Colorado bankruptcy
attorney. Your attorney will be able to determine if you
"pass" the means test. Should you earn too much they can also
advise you on other bankruptcy options.
Can someone help me with the Means Test?
There are qualified
bankruptcy attorneys throughout Colorado including: Denver,
Aurora, Centennial, Littleton, Lakewood, Westminster, Broomfield,
Thornton, and Commerce City. Many of these attorneys offer free
consultations and payment plans based on your income.
CONTACT:
Want A Fresh Start, LLC
2373 Central Park Blvd Ste. 100
Denver, CO 80238
Phone: (303) 578-7931
Website: https://wantafreshstart.com/denver/
Blog URL:https://wantafreshstart.com/means-test/