Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Are You Eligible For Chapter 7 Bankruptcy?

Law Blog

Before you can use any bankruptcy branch, you must first go through a process to determine if you are eligible for the branch you want to use. If you want to use Chapter 7 bankruptcy, you will need to pass a few tests first. If this is your goal, you might wonder about the eligibility guidelines for Chapter 7. Here are the main ones that your bankruptcy lawyer will talk to you about during your first meeting.

The Means Test

If you meet with a bankruptcy lawyer to discuss Chapter 7, you will hear them talk about the means test. The means test is a standardized test that all bankruptcy attorneys use when helping their clients determine which branch to file. Through this test, your attorney will evaluate your income compared to the average in your state. The purpose is to see if you qualify for Chapter 7, and your lawyer can tell this very easily. If you make more money than the amount the attorney must use for your state, you do not qualify. If you make less money, you are eligible for Chapter 7. This test is the main test that determines your eligibility for Chapter 7.

Previous Bankruptcy Filings

Secondly, your attorney might ask you about any previous bankruptcy filings. A person can file for bankruptcy more than once, but there are rules that prohibit someone from filing too often. If you have not filed in the past, you have nothing to worry about. If you have filed in the past, your attorney might ask to see the paperwork from your previous case. The main thing they must determine is the discharge date on your case. From that date, your lawyer can figure out if you waited long enough before filing another case. You must wait eight years after filing a Chapter 7 case and six years if you filed for Chapter 13. Additionally, if you filed a case that was not successful within the past year or so, your attorney needs to know.

You Have the Right Types of Debts

Finally, your lawyer will need to see the debts you owe. To receive the benefits of Chapter 7, you will need to have the right types of debts. The right types of debts are those that Chapter 7 will discharge.

If you have questions about filing for bankruptcy, talk to an attorney at a law firm like Ozment Law PA.


24 August 2021