How do I qualify for Chapter 7?

There are two prongs that have to be satisfied for Chapter 7 for the most part.  Firstly, you must be either under the median which is the dollar amount per family size that the government has set; or if you are over that median, you must pass the means test which is a mathematical formula based on all of your income and expenses, showing that you don’t have the ability to repay your creditors over time.
If you can satisfy those two requirements under Chapter 7, then you make it to the next prong which basically says, do you have the ability, income minus expenses, to pay your creditors.  If you are showing a surplus, then it is quite possible that Chapter 13 might be required.  If, however, you are breaking even or if you are losing money each month and you are under the median or you otherwise pass the means test, then you don’t have the ability to reorganize your debt and you will be granted a fresh start.
Now, you must not have filed a Chapter 7 bankruptcy and received a discharge within the last eight years.  You must provide your most recent federal tax return and you must provide two months worth of paycheck stubs or other proof of income prior to your case being filed.  You also must take a credit counseling session before the case is filed and then after the case is filed, you must take a two-hour financial management class.  Provided you can satisfy those requirements, then you will qualify for a Chapter 7.  In the event you do not qualify for Chapter 7, your attorney will advise you as to how Chapter 13 can work for you.