Can I file Bankruptcy?

By Cynthia Podis

Bankruptcy Lawyer

The answer is probably!  There are several types of Bankruptcy.  At Podis and Podis we deal with Chapter 7 and Chapter 13 Bankruptcy for individuals and married couples.  Which bankruptcy to choose?  Well, that is as individual as you and what you are looking to accomplish.

Chapter 7 is for anyone who has dischargeable debt and assets that are not at risk in a bankruptcy.  We can protect up to $10,000 per individual and $20,000 per couple of assets such as cash, car value, household goods like tax refund money, antiques, jewelry and electronics.  The amount of equity in your home is protected up to a point.  This depends on your age and if you have legal custody of minor children in the home.   Your eligibility for Chapter 7 Bankruptcy also depends on your household income.  The level begins with an individual in Tennessee $40421; with one dependent $50,679 and with two dependents $57,528.  It is a sliding scale ratio of income to family size.  If you are trying to get rid of debt, and have little or no non-dischargeable debt, then Chapter 7 may be for you!

Chapter 13 Bankruptcy repayment plans will help you keep your house, car or other asset.  You must have a regular source of income to file a Chapter 13 Bankruptcy.  This can be from a job, social security or from self-employment.  Chapter 13 is also for those who do not qualify for Chapter 7, due to income, or assets or most of your debt is not dischargeable in Chapter 7 – such as student loans, alimony and child support.  Chapter 13 repayment will give you a chance to repay some or all of your debts over a period of up to 60 months.  It stops creditors from calling and suing you when they are listed in the repayment plan.  If you stop paying, then your case will be dismissed or converted to Chapter 7 Bankruptcy so the Trustee can sell the asset and repay your creditors.  You still have exemptions available in Chapter 13 bankruptcy, but you may forgo a portion of an inheritance or lawsuit you have filed to repay your creditors.

For more information visit www.PodisBankruptcy.com or call 615-399-3800 and schedule a free appointment with us!

Podis and Podis – 4 Middle Tennessee Locations to serve you

1161 Murfreesboro Pike Suite 300, Nashville TN 37217

610 N. Garden Street, Suite B-300 Columbia TN 38401

345 S. Jefferson Avenue, Suite 207, Cookeville TN 38501

751 Madison Street, Suite A Clarksville TN 37040

 

We are a debt relief agency. We help people file for bankruptcy under the Bankruptcy Code.

2 thoughts on “Can I file Bankruptcy?”

  1. For chapter 7 , two people husband and wife what is the income I can make that would allow us to file bankruptcy? Like if we made over $40K in the past 6 months would we be able to file chapter 7 ? And does it go by the last 6 months of income? My wife became unable to work because of her knees and we lost her income. Thank you.

    1. Mr. Hudson,

      Unforutunately we are not allowed to give legal advice over email or the website, but you can call our office and set up a free first appointment to discuss your options.

      Thank you,

      Podis & Podis

Comments are closed.