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Being deep in debt to the point of even considering bankruptcy can be stressful, but before you go ahead and call your bankruptcy lawyer to start assembling paperwork for your case, you need to first determine if you qualify to file. There are five primary things you can do to see if you qualify for a Chapter 7 bankruptcy, they are:

1. Analyze Your Debt-to-Income Ratio

If you sit down and look over your finances only to realize that your total debt exceeds half your total annual income, you should consider sitting down again with a bankruptcy attorney to discuss your options.

2. Create a Recovery Strategy

If after looking realistically and strategically at every aspect of your finances, including how much debt you have, versus how much income you’re earning, you discover that even after taking extraordinary measures it would still take you longer than five years to pay everything off, you definitely need to find a reputable bankruptcy attorney to help you find a more acceptable path of recovery.

3. Consider Your Life Outside of Money

If you feel trapped every single day because of your debt, like you will never get out from under it, or your personal life has been significantly affected, you may need to consider bankruptcy as a form of relief. However, this is not to say that all monetary stress is cause for bankruptcy. A person should only ever seek legal intervention for debt in extreme circumstances, such as cases in which families are harassed non-stop by debt collectors, food is a rationed substance, and/or basic utilities are considered non-essential expenses.

4. Attempt to Save a Little Each Month

If after trying as hard as you can to save and moving things around you still have no disposable income whatsoever, you may need to come to terms with the fact that you have more money going out than coming in – and if you don’t get help soon you’re headed for trouble. Missing one payment or incurring one late fee can be bad enough, but if that’s all it takes to set you permanently behind you need to get help.

5. Compare Your Finances to the State

If you are living significantly below the median income level for your state, which in Michigan is $52,492 as of 2016, you may qualify to file for Chapter 7 bankruptcy.

If after taking these steps you’ve realized that you do not qualify to file for bankruptcy, we urge you to continue monitoring your debt-to-income ratio to stay informed of your ever-changing financial status, follow through with your recovery strategy to reduce your stress, try to enjoy your life without letting your fiscal troubles get in the way, keep saving as much as you can each month so you can avoid ever facing debt again, and consider how fortunate you are to have the means to climb out of your debt independently.

If, however, after taking all of these steps to get informed and recover from your debt you’ve discovered that you do indeed qualify to file for Chapter 7 bankruptcy, we encourage you to reach out to our reputable bankruptcy attorneys at Church and Korhonen, PC today. Call Church and Korhonen, PC, toll-free at 1.800.758.5611 or simply fill out the form in the sidebar to begin taking steps to a more sound financial future, greater peace of mind and a fresh start.

If you are considering filing for Chapter 7 bankruptcy you may be wondering what assets you will be able to keep after the fact. Fortunately, our bankruptcy attorneys at Church and Korhonen, PC possess a comprehensive understanding of bankruptcy law in Michigan, and are ready to divulge all the details to you so that you can be informed and prepared for what’s to come.

According to Michigan’s Judicature Act of 1961, Act 236, Section 600.5451: “A debtor in bankruptcy under the bankruptcy code, 11 USC 101 to 1532, may exempt from property of the estate property that is exempt under federal law or, under 11 USC 522(b)(2), the following property:”

Housing

“Homestead” or actual property valued at up to $30,000 for individuals under the age of 65, and $45,000 for individuals who are either disabled or over the age of 65 – this exception can be claimed by spouses or children of deceased owners.

Personal Property

Apparel (with the exception of furs), family photos, burial plots and all burial rights, necessary health aids prescribed by a medical professional, “provisions and fuel” for at least six months, and “arms and accouterments” required by law.

Furniture, household appliances and goods, jewelry, books, and more valued at up to $3,000.

A reliable motorized vehicle valued at no more than $2,775. Pets and computers valued individually at no more than $500.

Any occupationally necessary tools, resources, or materials valued collectively at $2,000.

Seats, pews, or slips used in a home or place of worship valued at no more than $500.

Crops or farm animals and feed valued at up to $2,000.

Financial Assets

All retirement accounts and annuities, including Roth IRAs, and the payments from said accounts and annuities.

Money or benefits paid by a stock or mutual health, life, or casualty insurance company.

For more specific information on what assets you can keep in Chapter 7 bankruptcy, including what constitutes as a “homestead” or certain exceptions to the exemptions, you may review the list of official exemptions at the Michigan Legislature. It is worth noting that due to inflation, the Michigan Department of Treasury adjusts the amounts of these exceptions every three years. For the most accurate figures, you can view the annual Economic Reports on the Michigan Department of Treasury’s website at any time. For assistance filing for Chapter 7 bankruptcy or determining which of your individual assets you can keep, reach out to one of our bankruptcy lawyers at Church and Korhonen, PC. Call Church and Korhonen, PC, toll-free at 1.800.758.5611 or simply fill out the form in the sidebar to begin taking steps to a more sound financial future, greater peace of mind and a fresh start.