Who Qualifies for Chapter 7 Bankruptcy in North Carolina?

July 22, 2023

Who Qualifies For Chapter 7 Bankruptcy In North Carolina? 


Filing for bankruptcy is never an easy decision. However, if you are facing a mountain of debt that you simply cannot afford to pay, Chapter 7 bankruptcy may be the right choice for you. This type of bankruptcy is designed to provide relief to individuals who are struggling with overwhelming debt by wiping out most – if not all – of their unsecured debts. But who qualifies for Chapter 7 bankruptcy in North Carolina, and what are the steps involved in filing? In this blog post, we’ll explore these questions in more detail and provide some guidance on how to get started.


Qualifying For Chapter 7 Bankruptcy


To qualify for Chapter 7 bankruptcy in North Carolina, you must meet certain eligibility requirements. One of the first requirements is a means test, which is designed to evaluate your income and determine whether you qualify for Chapter 7 or Chapter 13 bankruptcy. In general, if your income falls below the state median income for your household size, you will likely qualify for Chapter 7. If your income is above the median, you may still be eligible if you can pass a more complex means test that takes into account your expenses and other factors.


Another requirement for Chapter 7 bankruptcy is that you must not have filed for the same chapter of bankruptcy within the past eight years. Additionally, you must not have had a previous bankruptcy case dismissed within the past 180 days due to a willful failure to appear in court, to comply with court orders, or to meet other statutory requirements.


Steps To Filing For Chapter 7 Bankruptcy



If you are considering Chapter 7 bankruptcy, the first step is to consult with a bankruptcy attorney who can help you understand your options and determine whether this is the right choice for you. Once you have decided to move forward with filing, the next steps will typically include:


1. Completing credit counseling: Before you can file for bankruptcy, you must complete a credit counseling course from an approved provider.


2. Preparing your bankruptcy petition: Your attorney will help you prepare your bankruptcy petition, which includes information about your income, debts, assets, and other financial matters.


3. Filing your petition: Once your petition is complete, it must be filed with the bankruptcy court in your area.


4. Attending the Meeting of Creditors: Within a few weeks, you will be required to attend a Meeting of Creditors where you will be asked questions about your bankruptcy case under oath.


5. Completing post-filing requirements: After your bankruptcy case is filed, you will be required to complete additional requirements, such as a debtor education course, and abide by certain rules and restrictions.


At The Law Office Of Calvin Craig, We Can Assist You With All Aspects Of The Chapter 7 Bankruptcy Process And Help You Achieve A Fresh Financial Start.


Chapter 7 bankruptcy can be a powerful tool for overcoming overwhelming debt and getting back on track financially. By working with an experienced bankruptcy attorney, you can determine whether you qualify for Chapter 7 and take the necessary steps to file your case and move forward in the process. At The Law Office Of Calvin Craig, we are dedicated to helping North Carolina residents find the debt relief they need and get a second chance at financial stability. Contact us today to schedule a consultation and learn more about your options.


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