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Law Offices of Christopher A. Benson, PLLC

How Much Debt Do You Have To Have In Order to File Bankruptcy?

  • By: Christopher Benson
  • Published: April 14, 2016
Chris and Logan at an office desk

The simple answer is: It is all relevant and unique to each person’s situation.

If you are behind on your bills, in collection or getting your wages garnished, then filing a bankruptcy to stop the craziness and get some breathing space may be a great idea for you. Here is the good news: we offer a free consultation to find out your options. Talking to an experienced bankruptcy lawyer can bring some instant relief to your stress level.

When you’re in debt, you’re constantly under stress that never lets up. Creditors may be calling your home, cell phone, or your employer. You may be getting threatening letters or emails.

The answer isn’t as simple as one number. Bankruptcy is not determined by how much you owe. Before filing for bankruptcy, you have to go through something called a means test, which determines what category you fall into: those who can pay off debt on their own, those who can pay off debt with the help of a payment plan, and those who cannot pay off their debt.

Keep in mind that the debt you can discharge during bankruptcy does not include alimony, child support, student loans to accredited institutions, back taxes, and some debts incurred 180 prior to bankruptcy or any debt incurred after filing.

Over the past 34 years, the Law Offices of Christopher A. Benson has helped over 2,500 of Washington clients take control of their financial situation. We can review whether bankruptcy may help stop your garnishment and address your debts through a repayment plan. Sources: 11 U.S.C. § 362(a)–(d); U.S. Courts: Chapter 13 bankruptcy. If money has already been garnished, recovery may be possible in some cases, depending on the timing of the transfers, applicable exemptions and other legal requirements. A refund is not automatic or guaranteed. Sources: 11 U.S.C. § 547(b)–(c), (e)–(g); 11 U.S.C. § 522(g)–(i); 11 U.S.C. § 550(a). But you have to act quickly–call (253) 815-6940 for your free consultation, or email us today.

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