attorney, attorneys, lawyer, lawyers, California, CA, Bankruptcy, wage, garnishment, stockton, citrus heights, roseville, sacramento Have you delayed filing bankruptcy because you fear that you just make too much money? The truth is that many people just like you mistakenly believe that they earn too much money to file bankruptcy when in reality their income along with their debts make them a prime candidate for Chapter 7 or Chapter 13 bankruptcy.

Take The Test

The first step to determining if you really do make too much money to file bankruptcy (which isn't likely) is to calculate your income. If you make less than the median income in California then you should be able to file Chapter 7 bankruptcy. If you make more than the median income in California, then you need to take the means test. Let's take a look at the California median income:

  • 1 Member Household – $50,579
  • 2 Member Household – $66,537
  • 3 Member Household – $70,816
  • 4 Member Household – $81,837

If you're required to take the means test, it will calculate your average monthly household income for the six months preceding your bankruptcy filing and determine if you earn enough money to repay your creditors in Chapter 13 bankruptcy. If your means test results show that you don't earn enough money to repay creditors, then you can file Chapter 7 bankruptcy. But if the means test determines that you have enough disposable income to repay creditors, then you will need to file Chapter 13 bankruptcy.

But income alone isn't enough to determine if you make too much money for Chapter 7 bankruptcy. The means test will look at your necessary and allowable expenses and household size when determining which bankruptcy chapter is right for your situation.

Your Household

Household size is critical to determining how your income will impact your bankruptcy case. Larger households have a higher median income threshold but may also earn more money. For example, a four person household with one working adult in it could easily qualify for Chapter 7 bankruptcy while another four person household with two working adults may earn too much money for Chapter 7 bankruptcy. Also, household size determination can get a bit tricky. Household doesn't just mean adults and children who are direct relatives—it includes anyone living in your home that you are supporting financially.

For help determining how your income and household size will impact your bankruptcy case, contact us today.

Categorized in: Bankruptcy, Filing Bankruptcy