How much debt do you have to file a bankruptcy?
There is no particular debt limit that you must have in order to file a Chapter 7 bankruptcy. It really depends upon the particular person and their particular situation. I have had clients who have wanted to file a bankruptcy over a $5000 debt. I have had other clients who had $100,000 worth of debt and were fighting against filing a Chapter 7 and getting a fresh start. You have to determine whether or not you feel you can either pay your debt back over time or whether or not you need a fresh start to be able to survive.
The rule of thumb that I use is typically the six month rule. I advise my clients that after six months of making payments, if you have not put a serious dent in your debt, if you are just simply paying minimum payments or eat if you don’t see your debt going down, then Chapter 7 is probably a good solution for you to get out of debt once and for all and get back on your feet. If, on the other hand, you feel you have the ability to repay the debt in six months, or make a serious dent in the debt, then maybe you don’t want to file a Chapter 7 and you don’t want to take the hit on your credit.
If you are someone who has available money per month, maybe you lost your job and now you are back working, maybe you were ill and now you are back healthy, well then a Chapter 13 is a good way to repay your debt. There is no minimum debt that you need to have to file a Chapter 13 but there are some maximum amounts. If you exceed those maximum amounts of secured and unsecured debt, then you will not qualify for Chapter 13 and you will be forced into a Chapter 11. Your attorney will be able to sit down with you and advise you as to which chapter is best, how it all works and come up with a payment plan to get your case moving forward.