Skip to content
All posts

What steps do I need to take to file for Chapter 7 bankruptcy in Pennsylvania and what are the eligibility requirements?

To file for Chapter 7 bankruptcy in Pennsylvania, you will need to complete the following steps:

  1. Take a Credit Counseling Course: Before filing for bankruptcy, you need to undergo credit counseling from an accredited agency. The credit counseling session must be completed within 180 days before filing for bankruptcy.
  2. Complete the Bankruptcy Forms: You need to fill out bankruptcy forms, including a "Bankruptcy Petition" which will include your financial information and all assets and debts. You must also file a "Means Test," which evaluates your income to see if you qualify for Chapter 7 bankruptcy.
  3. File Your Petition: You must file your petition with the Bankruptcy Court in your local jurisdiction. Filing your petition will initiate an automatic stay, which will prevent creditors from pursuing debt collection activities against you.
  4. Attend a Meeting of Creditors: Within 20-40 days of filing your petition, you must attend a meeting of creditors. The meeting is designed to allow your creditors to ask you any questions they may have about your financial situation.

To qualify for Chapter 7 bankruptcy, you must meet certain eligibility requirements, including:

  1. Household Income: To file for Chapter 7 bankruptcy, your household income must be below the Pennsylvania median income for a household of your size. If your income is above the median, you may still be eligible for Chapter 7 bankruptcy if you pass the "Means Test" outlined in step two above.
  2. Dischargeable Debts: Chapter 7 bankruptcy can only discharge certain debts, such as credit card debt, medical bills, and personal loans. Debts like taxes, student loans and child support cannot be discharged in bankruptcy.
  3. Previous Bankruptcies: If you have previously filed for bankruptcy, you may not be eligible to file again for a certain number of years.

It is important to note that filing for Chapter 7 bankruptcy could have significant consequences on your credit score and financial future. Before taking any legal action, it is recommended that you consult with an experienced bankruptcy attorney to assess your specific circumstances and explore all available options.