Gold, Lange & Majoros, P.C.
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Gold, Lange & Majoros, P.C.
24901 Northwestern Highway, Suite 444
Southfield, Michigan 48075
Telephone: 248-350-8220
Fax: 248-350-0519
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Who Can File for Chapter 7 Bankruptcy?
Filing for Chapter 7 bankruptcy can be a powerful tool for dealing with your overwhelming debt. But it isn't available to everyone. Here are some situations in which you will not be allowed to file for Chapter 7:

You cannot file for Chapter 7 if you can afford a Chapter 13 plan. We can tell you if you qualify for a Chapter 7 by determining if your income qualifies you to file or if you pass the means test, which calculates whether you have enough disposable income to repay at least a portion of your debts.

You cannot file for Chapter 7 if you received a Chapter 7 discharge within the last 8 years, or a Chapter 13 discharge within the last 6 years. You also cannot file for Chapter 7 if a previous bankruptcy was dismissed within the past 180 days under certain circumstances.

You cannot file for Chapter 7 if you defrauded your creditors. The bankruptcy court may dismiss your case if it thinks you have tried to cheat your creditors or concealed assets. Certain activities are red flags for the courts and trustees, including: giving away your possessions to friends or relatives to hide them from your creditors or the court, running up debts for luxury items when you were clearly broke and had no way to pay them off, or lying about your income or debts on a credit application. In addition, you must sign your bankruptcy papers under "penalty of perjury" swearing that everything is true. If you deliberately fail to disclose property, omit material information about your financial affairs, or use a false social security number, your case will be dismissed and you may be prosecuted for fraud.

Please contact our office to see if you qualify to file a Chapter 7 bankruptcy case or to determine what other options are available to you.