Just because you “failed” the Means Test does not mean that you cannot get relief from your debt under the bankruptcy laws:
One of most misunderstood aspects of bankruptcy (but one of the most written about online) is the means test. Many people who are considering bankruptcy fill out online “means test calculators”. When they “fail” the test, most people think that bankruptcy is not an option for them. (Some non-bankruptcy lawyers may tell you that as well.)
The Means Test is only one part of the bankruptcy process:
Just because your household income is higher than the average in your state, the Bankruptcy Code still takes into account your individual circumstances. You may still be able to file a Chapter 7 Bankruptcy or get substantial relief under a Chapter 13 Bankruptcy.
The internet is a powerful tool for finding out information but if your are considering bankruptcy don’t take a chance on getting some bad advice. Talk to an experienced consumer bankruptcy lawyer.
Yes! Bankruptcy does stop wage garnishments. West Virginia is like most states in that it allows for judgment creditors to garnish your wages in order have a debt repaid. In order for a creditor to garnish your wages they first have to take you to court and get a judgment against you. A bankruptcy filing…
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This is a common question that I get as a West Virginia Bankruptcy Attorney. Unfortunately, there are a lot of myths and misinformation about bankruptcy and a lot of that misinformation relates to how bankruptcy affects your ability to get credit. Hopefully this post will help you with some of your concerns. Myth: You can’t…
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The answer is…it depends. Although keeping your vehicle depends on certain factors, in almost all bankruptcy filings keeping your car is possible if not easy to do. The two main factors in determining whether you can keep your car (or truck etc.) In West Virginia are: 1. The status of your payments. (Are you current…
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