Law Office of Gordon Mosley
Chapter 7 Bankruptcy and the means test
On Behalf of Law Office of Gordon Mosley

If you are dealing with an overwhelming amount of debt, you might wish to know more about the available options for relief. While there may be numerous outlets for debt relief, the correct path on which to pursue a healthier financial future could depend on your current circumstances.


Perhaps you are continually unable to make monthly payments and have fallen well behind as a result. You might be in search of a more permanent solution and wish to explore the possibility of filing for Chapter 7 bankruptcy, but you might need to find out if you are eligible before proceeding.


Determining eligibility for bankruptcy


There are numerous factors that may influence the process, such as income and necessary monthly expenses. Before you can file for Chapter 7 bankruptcy, you will have to meet certain requirements via the means test. This part of bankruptcy includes the following:


First step: In this step, you will have to compare your income over the previous six months with the state median income, and if yours is less than or equal to the state average, you could be eligible to file for Chapter 7 bankruptcy.

Second step: Should your income be higher than the state average, you might still qualify if your remaining income after allowed expenses is insufficient to repay at least a portion of your debts.

Change in circumstances: Perhaps you recently lost your job or had a medical emergency. Even if you fail the means test, you may still be eligible if you can show that a change in circumstances has reduced your income.

Other options: If you are still unable to pass the means test, you could consider filing for Chapter 13 bankruptcy. However, if you are unable to repay even a small portion of debts, you may also consider waiting until you can take the means test again.

Under certain circumstances, a person might be eligible to skip the means test regardless of income, an example of which could include a disabled veteran who acquires debt while on active duty. Speaking with someone with extensive knowledge of federal and Texas state bankruptcy laws could help inform you of the available options and how to proceed.


Advice and assistance moving forward


Filing for bankruptcy is a major decision, and the process can be exceedingly complex. With the potential weight of the outcome of a bankruptcy and the cost of any mistakes, seeking guidance from someone with experience in handling such matters could be in your best interests. By obtaining advice before proceeding, you could gain insight into the available options and their potential outcomes, which may in turn assist you in choosing the best path with which to pursue financial freedom.

Facing garnishment, lawsuits? Bankruptcy may be able to help.

By On Behalf of Law Office of Gordon Mosley • February 21, 2022
During the day, you may have the ability to keep your financial worries somewhat at bay by concentrating on other tasks. However, when the time comes to get in bed for the night, those thoughts that stayed at the edge of your mind all day may come flooding forward. How will you make your next credit card payment? When will the next creditor call? What can you do about your garnished wages? These concerns affect numerous people who must contend with overwhelming debt. No matter what led to your debt, you do have options for effectively addressing those liabilities. In particular, bankruptcy may act as a significant step toward a fresh financial start. However, you may wonder whether taking this action really suits your circumstances. Has action been taken against you? When you face overwhelming debt, you may also face letters and calls from creditors every day. Over time, you may have become adept at avoiding these attempts at contact or requested a stop to such actions. However, more significant actions may have been taken against you with which bankruptcy may be able to help. Two actions that may make you consider this debt relief option more seriously include: Wage garnishment: If creditors are directly garnishing wages from your paychecks in attempts to pay your outstanding balances, you already face serious financial trouble. You may need every penny you earn to make ends meet as it is, and when you cannot hold on to your wages, bankruptcy may be able to help stop garnishments. Lawsuits: When creditors feel that they cannot effectively get you to pay your balances on their own, they may sue you for payment. Lawsuits are serious matters that could cause you to face even more financial strife while also facing orders to pay your liabilities. Fortunately, bankruptcy could help stop judgments in such cases. Because these actions can have serious outcomes, taking steps to stop them may help you in the long run. Can you attempt other debt relief methods? If you are not yet facing wage garnishments or lawsuits, you may wonder whether you could first attempt other actions before bankruptcy. Certainly, creditor negotiation and credit counseling could act as possible avenues to try. Of course, not all creditors feel willing to negotiate, and you may still need to address your full balances. Additionally, you may want to remain wary of services which claim they can reduce your debt or help you become debt free as many of these claims turn into scams that cost unsuspecting individuals more money. Though it can be frightening to consider such a major action, exploring your bankruptcy options further may help you get your financial affairs in order and bring back your restful sleep.

Seeking debt relief does not make you a bad person

By On Behalf of Law Office of Gordon Mosley • February 21, 2022
No matter what you do, you just can’t seem to get your head above water financially. In the last little while you’ve experienced loss of income, or you’ve had unexpected emergency expenses that you had to put on credit cards, or you or a loved one may have suffered a serious medical event, costing your family a small fortune. Maybe it was a combination of these or other hardships. Now you need help, but feel you are a bad person for seeking debt relief. There is and always has been a certain stigma surrounding bankruptcy in the United States. The truth of the matter is, Texas residents who need financial help are not bad people and no one should make them feel bad for asking for help. It is their right to pursue bankruptcy if it is what will best serve their interests. Stigmas attached to bankruptcy There are three types of stigmas often associated with bankruptcy. These are: Financial Emotional Social Emotional and social stigmas are often combined. They refer to how you see yourself after pursing a bankruptcy filing and how you believe people view you. People are afraid to let others down or do not want others to know they are struggling. When drowning in debt, the only thing that should concern you is fixing the situation. It shouldn’t matter how you do it and it really is no concern of anybody else’s. You do what will best serve you. The financial stigma sounds bad, but it can be a good motivator. Will your credit score go down if you file for bankruptcy? Yes. Will it stay that way forever? Will you be financially doomed for the rest of your life for seeking relief? No. While credit recovery after bankruptcy can take time, it is possible to do if you take full advantage of the bankruptcy filing and are cautious in your future financial decisions. Don’t let the stigmas stop you At the end of the day, you have to do what is best for you and your family. That may involve pursuing a bankruptcy filing and that is okay — it does not make you a bad person. Don’t let the stigmas stop you from seeking the relief you need. If you are not sure if it is the best course of action, you can seek legal counsel on the matter and then go from there.
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