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Utah Bankruptcy Online

Am I eligible to file for bankruptcy?

Do You Need to File?

The determination of whether or not you are eligible to file can complicated and depends upon the following conditions:

1. Your gross household income in the six months before filing (the Median Income Test) should be below the median income. If it is, then you've passed this test. If not, move to #2.

2. If you are over the median income, then your allowed monthly expenses subtracted from your six month average monthly gross income (the Means Test) the result must be a negative number, otherwise you are paying that monthly amount in a chapter 13 plan as your disposible monthly income.

(if this seems complicated, don't worry, just call our office and schedule a time to meet with a licensed attorney for free 801-676-5506 - no obligation and you'll get all of your questions answered).

3. Your prior bankruptcy filing history also plays a role in if you can file. The standard rule is that you are only entitled to a discharge once every eight years.

4. Your domicile (where you lived) in the last 90 days also play a role as to the exemptions that you are entitled to and if you can file where you are now living.

5. Chapter 7 eligibility also depends on the following factors:

(a) Determine your average monthly gross income during the six month period ending on the last day of the calendar month before the month in which you intend to file your bankruptcy case.

(b) Compare your income to the median income of household of the size of yours in Utah.

(c) If your household gross income is less than the median income of a household the size of yours in Utah, then you are probably eligible to file a Chapter 7 case - but not always.

(d) If your household gross income is greater than the gross income of a household the size of yours in Utah, you must then apply the Means Test.

(e) The Means Test requires you to subtract from your gross monthly household income certain allowed expenses. After subtraction, you may still be eligible to file a Chapter 7 - but not always. If not, you may be eligible to file a Chapter 13 - but not always.

How to Determine Your Course of Action? -- You Should Go Over Your Financial History With An Attorney

As you can see, answering the question "Am I eligible to file for bankruptcy?" is not as simple as it sounds.

At the law firm of Eveland & Associates, PLLC, our Salt Lake City Chapter 7 and 13 bankruptcy attorneys know how to apply these "tests" and other eligibility rules.

We also know the red flags, such as a large drop in income immediately preceding the bankruptcy filing, that may affect your eligibility. (See the Lanning Case).

Our analysis of your specific financial circumstances begins during our initial meeting. We don't force our clients to fill out any forms (although if you want to, you most certainly can) With the information we obtain from you, we can tell you during the first free appointment:

1. If your are eligible for bankruptcy under Chapter 7, 13, or 11;

2. Whether bankruptcy is the best course for you in your specific situation;

3. What your estimated bankruptcy fees and costs will be for your case; and we'll also

4. Answer your most pressing questions

Did You Fail the Means Test?

If You Did, We Can Help You.

Remember: If you fail the means test for a Chapter 7 bankruptcy, you may still qualify for a Chapter 13 or a Chapter 11. We can help guide you to the determination, based on your specific financial situation and your goals. Contact our bankruptcy lawyers now at 801-676-5506 or send us an e-mail.

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Utah Offices:
8833 South Redwood Road, Suite C
West Jordan, Utah 84088

phone: 801.676.5506 | facsimile: 801.676.5508

Email Link morgan@evelandlawfirm.com

web link: www.utahbankruptcyonline.com

©2009 - Eveland & Associates, PLLC - All Rights Reserved.

WE ARE A DEBT RELIEF AGENCY. WE HELP PEOPLE FILE FOR BANKRUPTCY RELIEF UNDER THE BANKRUPTCY CODE.

DISCLAIMER

NO INFORMATION OR MATERIALS CONTAINED HEREIN ARE INTENDED TO CONSTITUTE LEGAL ADVICE, AND IS NOT APPLICABLE TO ANY SPECIFIC SET OF FACTS, ESPECIALLY AS TO ANY INDIVIDUAL'S PERSONAL SITUATION. THE INFORMATION CONTAINED HEREIN NOR THE PERUSAL OF IT DOES NOT ESTABLISH NOR CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP WITH EVELAND & ASSOCIATES OR ANY OF ITS ATTORNEYS.

The law firm of Eveland & Associates, PLLC, serves clients throughout the state of Utah, including the cities of Salt Lake City, Tooele, West Jordan, West Valley City, Murray, Sandy, Vernal, Provo, Park City, Heber, Orem, Layton and Bountiful, and also the communities in Salt Lake County, Davis County, Utah County, Summit County, Morgan County, Wasatch County, Duchesne County, Daggett County, Utah County and Tooele County.