Dismissal for Cause

 

After notice and a hearing, the court may dismiss a Chapter 7 case for cause: Bankruptcy Code §707(a), such as where:

a. the bankruptcy debtor is guilty of an unreasonable delay that is prejudicial to creditors.

 

Failure to Pay Fees

The bankruptcy debtor has not paid fees or charges prescribed by chapter 123 of title 28 Bankruptcy Code §707(a)(2);

 

Failure to file a list of Creditors

The bankruptcy debtor in a voluntary case has not filed a list of creditors and all schedules and statements required under section 521(1) within fifteen days (or any extension granted by the court) after the petition was filed: Bankruptcy Code §707(a)(3). (Note: A dismissal under section 707(a)(3) may be ordered only upon a motion filed by the United States trustee); or

 

Chapter 7 Means Test

The Chapter 7 means test is a two-step process which begins with a median income comparison. Explaining this first step of the Chapter 7 bankruptcy means test in more detail, your monthly income is compared to the median income in your state for a family that is the same size as yours. If your income is at or below the median income, you qualify for Chapter 7 bankruptcy. If your income is higher than the median income, it doesn’t mean that you can’t file for Chapter 7 bankruptcy, but rather triggers the second step of the Chapter 7 bankruptcy means test.

Calculating disposable income and unsecured debts is the second step of the Chapter 7 means test. If your disposable income over the next five years is less than $6,000 ($100/month), you "pass" the Chapter 7 bankruptcy means test and can thus file for Chapter 7. A local bankruptcy attorney can further explain how disposable income is calculated. If your disposable income during that five year period is greater than $6,000 but less than $10,000, you may still be able to file for Chapter 7 bankruptcy protection, depending upon your allowed expenses. 

Our Services

If you are facing foreclosures, repossessions, wage garnishments, liens, and constant calls and letters from creditors and collection agencies, we are ready to assist you. The Pacific Bankruptcy Center is a debt relief agency, aiding clients in filing for bankruptcy relief under the Bankruptcy Code. Contact a bankruptcy lawyer at our firm today to learn more through an honest assessment of your situation

San Bernardino County

San Bernardino County is the largest county in the United States by area, containing more land than each of nine states. Located in the Southeast of the State of California. the deserts and mountains of this vast county stretch from the outskirts of the densely populated Riverside-San Bernardino area to the Nevada border and the Colorado River.

The fast growing County had a 2007 population estimate by the California Department of Finance of 2,028,013 (12th in the country, but only fourth in the state), largely located in it's more populated southwestern portions. The county seat is San Bernardino. The county records are located in downtown San Bernardino. Its southwestern portions, (the more urbanized part of San Bernardino County) are considered to be part of the inland empire region of Southern California, a bi-county area.

The Pacific Bankruptcy Center assists residents of San Bernardino county in filing for debt relief under the United States Bankruptcy Code.

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