Bankruptcy

Question Details:

I'M MARRIED AND WE BOTH WORK AND HAVE AN INCOME OF $150,000 A YEAR .WE STILL CAN'T MAKE ENDS MEET. WHAT IS THE MAX INCOME TO QUALIFY FOR CHAPTER 7? ALSO DO COURT COUNT 401K CONTRIBUTIONS AS PART OF MY INCOME OR DO THEY FIGURE OUT MY INCOME AFTER THEY DEDUCT MY 401K ?

Asked 11/9/2009 under Bankruptcy | 243 View(s) | More Legal Topics

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Bankruptcy Law Answers

Mark J. Markus / Mark J. Markus, Law Offices of Answered 2 years ago | bronze Contributor with 30 answers This attorney is licensed in California

There is no way to give a simple answer to your question.  For an individual with primarily consumer debt, eligibility for Chapter 7 depends on passing the "means test" which takes all income received in the 6 calendar months prior to filing your case, and subtracts out IRS allowed standard expenses, and then based on your household size and other factors if that number is below the required amount, then you MAY be eligible.   The other test which you also have to pass is that your current monthly income going forward minus your necessary living expenses does not yield a substantial surplus.   401k contributions, if voluntary, are generally not allowed in the budget analysis.

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