Molena, GA Bankruptcy Law Firms & Lawyers

There are several options. First, you should write a letter to the trustee and specifically point out the inaccuracies. Secondly, you should send this letter to the Office of the U.S. trustee, which is part of the office of the department of justice. You can consult an attorney as to whether you should file an adversary proceeding to determine dischargeability of the debt.

There is a jurisdictional limit for filing chapter 13. Unsecured debts cannot be more than $360,475 and secured debts cannot be more than $1,081,400. If you exceed these limits you can qualify for a chapter 11 reorganization.

You qualify for a Chapter 7 based on income. The "means test" is based on your state. In Ohio, a single personal can file Chapter 7 with an income under $44,000 per year. The test is based on your actual income for the past 6 months. So say a teacher who makes $60,000 a year but has zero income for the 3 summer months in September would qualify (last 6 months would have 3 months of $6,700 and 3 months of zero - monthly average would be $3,350 or $40,200 a year) but in April, they would not qualify. You qualify for a Chapter 13 by having a regular income (meaning you have income every month) and not more than $380,000 unsecured debt (like credit cards) or more than $1,150,000 of secured debt (mortgages and car loans).