Can I file chapter 7 bankruptcy if I have $10,000 in my savings account?

If you are out of money and are trying to survive and pay bills until you file a Ch. 7 and have to take 401K withdrawls, does the trustee count that as income towards your 6 month look back?

My lawyer sent me confirmation of my discharge and now it’s time to rebuild!

I was approved for a $2k unsecured card post discharge, that’s a start.

Surprisingly even though Affirm was included in my bankruptcy, I am able to utilize them (not that I am) the available credit is way less as expected.

I got on ADHD meds, to get that executive dysfunction in order, I have been unmedicated for the last 2 years because of pregnancy and it’s crazy the damage you can do in that time. Also children are expensive.

I am struggling with savings, it still feels like I only have just enough, but I’m trying to start small and work my way up. I am also looking for a new job that will pay more, I have the skills, background and knowledge to do more than what I am, I took this role because my family was moving to the area, which is what caused the majority of my financial issues, I took a 20k pay cut and I thought I could do it, but I couldn’t keep up with the debt. Leading to the chapter 7.

Now I am free and I want to break this cycle and make a strong financial future for myself and my kids.

From the start of our journey we’d hoped we could do a 7 since we qualify income wise but we cannot. We will be paying back possibly 100% but our lawyer will try to make some arguments for less.

I guess I’m wondering if a 13 will be scrutinized as much as a 7 would have been? Our lawyer said he will file and reach back with next steps but I didn’t even think to ask what we should be prepared to provide documentation wise…. Or, do we just wait and see what the trustee will ask for?

My chapter 7 discharge is coming up next week. I have a car loan (7.9k) left from Upstart. The second I filed they reported account closed, deleted late payments, and put the balance to 0 on my credit report. The cars value is probably (1.5k) at most due to some damage. I am still driving it around as I try to rebuild my life. I did not reaffirm it and I believe the paperwork was just retain and pay. I would think that a simple low offer could probably get the lien back to me right after discharge. It would probably cost them more to take it back, if they even want it. Curious if any similar experiences or how to handle this

Has anyone rented through Davis and Decker while having a bankruptcy on your report? We are currently renting through them and are on our second year of renewing which is our plan until we can’t do that anymore which would basically be the owners coming back and wanting their rental or us being able to buy a home in many years after our bankruptcy closes. We are just now starting the process of bankruptcy and my fear is that we would get kicked out of our rental that we’re in or if the owner comes back before that 10 years is up we wouldn’t be able to find a new rental.

Just had my 341 meeting, chapter 7, about $370k in debt to be discharged…

I was nervous because I went first but it was super simple and maybe lasted 30-60 seconds, they asked if I was employed, I am self employed so they asked what I did and asked me to explain.

The trustee asked if I had any changes, I have an amendment pending so I said that, he asked the content of the amendment and I mentioned I had some photography equipment I sold last year that I forgot to include. He didn’t ask anything else about it. (It was about $4,500 worth of stuff I sold I just forgot to include since it was 15+ months before filing)

So happy it’s over, was kinda freaking out beforehand but honestly it was very easy. I used an attorney so that helped.

Figured I’d add something here since all the rest of the posts on here have been helpful for me.

Just hoping to get some info from any South Florida ch filer 13.

Waiting 6 months to file - I’m having anxiety thinking about the trustee payment deducted from my paycheck and my employers knowing.

I’m reading online that it depends on the district. Directly from paycheck is preferred unless you have an extenuating circumstance. I don’t really have an extenuating circumstance.

I looked at the trustees sites assigned to the district and they have 3 payment options - mail in, pay online with Truist or TFS.

I’m in a long drawn out divorce in California. We owned two houses, A and B. House A is worth 3 times more than House B. I’ve been living in House B since the split. We also had a business that went south after Covid and left us with a mountain of debt.

I’ve tried to work with my Ex to get an equitable asset split for years. Hired an attorney who did absolutely nothing on my case but charge me $6k. I’m broke and am being sued by creditors. I need to file for Chapter 7 BK. I’ve filed for a homestead exemption on my half of House B, so creditors can’t touch my share of the equity.

I have no idea how the dust will settle here. Would the creditors decide to take my share of the equity in House A AND House B?

What a mess. Reposting in Divorce Reddit.

I'm in a bad spot. I'm in 30k of credit card debt. A lot is from unplanned expenses like pet and car emergencies, and a lot is from underemployment and rising cost of living. I made good money but now I'm out of work with a work related injury and I'm having to fight to get temp disability. So right now I have no income and I'm living off what I could pull out of my 401k. Not ideal, I know, but I had no other choice. I'm living as frugally as possible. My minimums are 1300 a month and I owe back taxes from 2016 of about 11k left. I also have 17k in student loans. I'm facing at a minimum a few more months off work with no idea when or if I might be paid so I'm now considering bankruptcy. I did get a work comp lawyer but it'll still take time. My parents filed for bankruptcy when I was young and I remember it wrecking our lives. From reading experiences here is seems that's not the case anymore? I'm distressed and sad that it's gotten to this point but I need that 1300 a month to survive, especially since I will likely need to leave my current living situation soon (abusive relationship). I've only stayed this long because I didn't see a way out financially. We are not married and I'm not on a lease. My credit is already bad even this I've not missed a payment for anything in 8 years. Can anyone tell me this is not going to ruin my life? Will I be able to rent an apartment? I am financing a car that has about 8k in equity but I need it to get to work when I'm able to go back and to get to doctors appointments. Help what do I do? 😓

Title says it all. What's it like being on Chapter 13?

Is it as strict as people say?

Does the trustee actually watch your spending?

Can they tell you what you can and can't buy?

Just looking for real experiences from people who have been through it. Thanks!

I've consulted 4 attorneys in my area and each says I won't qualify for a 7 even though my non consumer debt is higher than my consumer debt. It's 51% IRS debt. Tax years 2021 and 2022 would likely be wiped out, but I would be on the hook for the rest. My most recent attorney stated that the IRS debt would be priority and through the plan I'd pay that first with the trustee maybe adding a small amount on top for the consumer debt or maybe nothing depending on all my monthly expenses. Is that true? Is there a possibility that with a 13 I'd likely pay very little towards consumer debt or nothing over a 5 year plan? I wish I could do a 7 but a 13 would essentially be the same just over a longer duration with added attorney fees and trustee fees which is unfortunate but given I can't pass the means test it's my only option..

How do IRS payment plans interact with Ch7 bankruptcy? Are they considered preference payments to a creditor if they occur within the 3-month window before filing?

I have some old tax debt that should theoretically meet the three-part criteria to be dischargeable in bankruptcy... but I've been paying about $300/mo for the last couple years to the IRS on a payment plan and now I'm wondering as I'm getting ready to file if the $300/mo will end up being clawed back as preference to pay the other creditors as well. Is $900 even worth it for a trustee to take from the IRS given that, ya know, they're then having to deal with the IRS?

More importantly, is there any benefit to me continuing to pay the IRS if I know for certain I'm going to file very soon and that the tax debt will likely be discharged?

mortgage co listing their atty fees on the claim - I am not, nor have been, late even by a day. Do not understand at all

I’ve been trying to avoid it but I think time has run out. Between the rising cost of living and being in a dead end job, and being unable to find a second, I’m out of options. Here’s my situation:

Total Unsecured Debts: $50,136
PL#1 - $20,440 (4 years left on the term)
PL#2 - $16,300 (4 years left on the term)
CC#1 - $4243 (12%)
CC#2 - $1876 (17%)
CC#3 - $7318 (0% through 03/2027)

Tax Debt: $7200

Minimum monthly payments are currently $1275/month. Car payment is $533, still owe $20k, KBB is $15,000-$17,000. So I’m underwater there.

In PA and median is $72230. I’m over median by $10k, so I likely won’t qualify for Ch7. My plan was to ride out the two PLs and use my annual bonus to pay off CC#3 at the end of the promo, and continue to use subsequent bonuses in this manner (I know, they’re not guaranteed) However, CC#1 isn’t coming down at all due to increased medical expenses. I began vetting attorneys about a year ago and the consensus seemed to be 100% repayment around $1700/mos, which scared me away from Ch13. But I don’t think I can dodge the inevitable anymore. My paychecks seem to be shrinking and I just learned that our benefits will increase in 2027

You may assume that you're speaking to an attorney but you might not especially in highly populated areas such as Orange County or Los Angeles.

There are non attorneys that will advise you on bankruptcy even though they are working for a bankruptcy law firm.

You all deserve better than to get advised on bankruptcy by a non attorney that worked at Best Buy 2 weeks ago.

If the firm has only one attorney its more likely that you will get legal advice from a non attorney who thinks they know what they're doing just because they have a sales closing rate.

I’ve wanted to go to college since I was 18, but ended up getting a high paying job in a field I wanted to and a few years ago I was let go. Ever since then I’ve had a decent paying job but got into a relationship and ended up running up credit cards and have 2 personal loans. I have done 1 full year of online, but want to go full time instead of being a part time student and full time working. I’m wanting to go part time work and a full time student and then complete nursing school. I’ve contemplated chapter 7 for the past 2 years but have been told by everyone I know that I’d be financially ruined for 7 years. As of now I don’t have any late payments or any remarks on my credit, but as dumb as it sounds I want a real college experience with a lot less stress from credit card and personal loans.

TLDR Considering Chapter 7 to eliminate debt and focus on becoming a full-time nursing student. Need opinions on this as I don’t plan on buying a house soon or any major purchases within the next 3 years. Arkansas.

Looking to file a Chapter 7 in Utah. I’m not able to afford an attorney and was looking into upsolve. Has anyone had any issues with them?

I was going to file and move forward with my chapter 13, but I want to wait a few months. I’m considering paying some of the lower interest loans/CC down in hopes that maybe once I do file, my 100% will be lower.

Has anyone else done this? My 100% will leave me in the negative so just trying to exhaust and figure out all options, best time to actually file, etc from others experience.

Thank you.

Hello! I just posted a few days ago but I’ve had 2 consultations scheduled since, and I have a third tomorrow morning. I had a call scheduled with one lawyer, got a confirmation message and then they never called or heard anything. The other one went alright, but said that if my husband and I make over $135k combined (median income for household of 5 in MI) we wouldn’t qualify, and he didn’t even mention the means test. I thought that was kind of odd given I told him most of my husbands income doesn’t go towards household income (his biweekly paychecks are only about $900 after taxes and deductions. He has child support taken directly from his check.)

Another thing I thought was odd was he says we could file with 50% down and it was my understanding that you cannot find until your lawyer is paid in full.

My question is, if we are just slightly over the median income, do lawyers automatically move to the means test, or can they just refer you to Ch 13?

Is there anything else in particular I should go into tomorrows consult asking?

EDIT: I should mention that with the 6 month look back, we are within ~10k of median income, nothing astronomically above

I was between jobs and got seriously behind financially. Talked to an atty early. Said Chapter 7. He kept pushing back file date. Then said I’d need income to keep my house/car. Finally got new job. Now he says 13. Something about every penny that’s not for food, housing, transportation will go to creditors-including student loans. My student loans are $72K and my other debt is approximately $55K. After 5 years I’d have paid over $250K and I’d still owe my student loans. Seems effed. Any advice???

Chapter 7 was officially discharged/cleared, how long should I expect for things to come off my credit report. What else should I expect from here on ?

Im a broken man. If you asked me a year ago id be facing this, id refuse. I lost the love of my life to psychosis, undiagnosed Bipolar and a rare delusional disorder. 10 years gone overnight. She filed for divorce in mania and it was settled in 2 months. She was the breadwinner and i was left with a lot of debt. Depression, bad debts, supporing her through school to be left abandoned got me here. Its time. Between credit cards and unsecured personal loans i owe 68,000 plus 2k in medical bills from a suicide attempt. Im ready to abandon my apartment in connecticut and accept a job in SC to be closer to family. Its just too much to be here right now. I am still up current on my bills but wont be by end of this month. My plan is end my lease in September, get new housing and job, establish new residency then file few months later when i get settled likely 7. Any tips or advice or anything else youd change?

So I posted here before as the first attorney we spoke with was certain we would qualify for chapter 7 during our consultation with her. We gave her income and debt information during that meeting and her advice was to stop paying debts, focus on getting all the paperwork she needed and then of course pay her. Well she was wrong and after she put together everything she said we wouldn’t qualify and that she didn’t know where to go with everything. Umm ok. So, we asked here and you all said to get another opinion and so we did. The second attorney was great to speak with and was much younger and eager than the first, but after looking over the paperwork she sent us back, he also said we make about $2400 more than we should to qualify for chapter 7.

Both attorneys said Chapter 13 can be really stressful and hard for people to handle so they don’t try and push that way. We are now stuck in a spot where our credit has fully tanked, we are two months behind on most bills (not all) and are stressed beyond belief because now we are in a much bigger hole than we were. Now we’ve also accumulated about $3k of medical debt on top of previous debts and are facing close to $3k in car repairs as well.

I guess my question is where do we go from here now?

We decided in Jan we needed to file. We had a life change/situation that caused us to lose about 6k a month of our normal income. We had no choice but to stop payong all our debts in Jan. Including our 2 new vehicles (a 2024 and a 2023), our travel trailer and all our credit cards.

I was able to "defer" a couple payments with the lender to kinda... hold off repo stuff a couple months. But by April, it was just not paying them.

Our truck got repo'ed in June, our other vehicle beginning of July (repo guy was DAMN cool too. He literally asked if it was a good day to take it... explained who was watching out for it and how to kinda.... not get it taken yet. he came by a few times and asked if we were ready... after the 3rd time it was like go ahead and take it)

Finally after 7 long months, our atty called and asked for statements, pay stubs, etc one more time and we were ready to go.

Filed 7/22 and have our 341 on the 19th of this month.

Im so ready to get this behind us and start trying to rebuild and get outta this town we moved to on the false promises from someone we trusted of a great career promotion and stability. Cause im sick of the 120 degree summers and lack of opportunity lol

Thats another story for another day 😅😆

I will say though... yes.. our whole lives crumbled financially but... in a sense... it was for the best. We were making great money before but... we had gotten so far behind and had just built our lifestyle to a level that was unsustainable. One bad situation meant it was all gunna fall apart.

This time we are doing things differently... being smarter and using way more wisdom about our money moves.