Do You Think I Can File a Chapter 7?

Man looking at the envelopes

Question: I want to find out if I can file a chapter 7 bankruptcy. I've got credit card debt, medical bills and loans that I can't afford. I can barely afford the minimum credit card payments and I stopped paying the medical bills and the personal loans. I need to file to get those debt collector calls to stop because now they're calling my relatives and I don't want them to know about my debt problems.

I'm working and making about $18,000 per year at a restaurant. My wife doesn't work because she's on disability for her bad back and her anxiety and depressions issues. We have 3 kids who are ages 3, 7 and 18. The 18 year old just told us that she's pregnant, but she wants to join the U.S. Navy, which we think is a good idea. She always told us that she wanted to be a chemist, but we think that's only because her boyfriend was making meth in his home lab.

We only have one car and it's about 15 years old. Inside it smells like a wet dog because my wife tried starting a dog grooming business.

We rent an apartment in Roswell. The apartment is actually in my cousin's house, but the rent is pretty cheap.

Do you think I can file a chapter 7 or will I have to file a chapter 13?

K.M. in Roswell, GA

Answer: From what information you have provided, it sounds like you will be able to file a chapter 7 bankruptcy. Your income is very modest, your wife isn't working and you have 3 children, which are all good signs for a chapter 7. Generally speaking, a larger family size will help you qualify for a chapter 7.

So far, you have said nothing that would cause us to think that you would need to file a chapter 13.

A chapter 13 is generally for people who have a greater income and more substantial assets than you describe. In fact, you haven't mentioned that you have any notable assets at all.

From what you describe, we are highly confident that you will be able to file a chapter 7 bankruptcy.

About Us

As local bankruptcy attorneys, we have helped many people eliminate their debts. Call us now at (678) 712-8561 to help you.

Let attorneys Valerie Sherman and Bill Sherman and the talented team at the Sherman Law Group will help you navigate the entire bankruptcy process. We do the paperwork for you, complete the required forms and do everything necessary with the court and the trustee's office.

We proudly serve the entire Atlanta metro area and North Georgia.

Related Posts
  • Georgia Bankruptcy: Potential Problems in a Hot Housing Market for Chapter 7 Filers Read More
  • Georgia Bankruptcy: FAQ's about the Coronavirus (COVID-19) Read More
  • Atlanta Bankruptcy: What Can Filing Bankruptcy Do to Help Me? Read More

Contact Our Offices

Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (678) 712-8561.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.