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by judge2020 1880 days ago
Neither of us are lawyers (based on your profile), but there are two modern forms of bankruptcy in the U.S: Chapter 7, liquidation which does discharge your debts, or Chapter 13, which is restructuring. In a chapter 7 bankruptcy, you have to pass the means test, which checks if your household income is below the median income of your state:

> The means test looks at the gross income of everyone in your household during the six months before you file. If your household income is below the median income in your state, you’ll qualify to file a Chapter 7 bankruptcy.

If it isn't, then the courts can force your chapter 7 case be converted to a chapter 13. But if someone, say, lives alone and still works at their minimum-wage job from college, I don't see anything else that would prevent a chapter 7 from proceeding.

https://www.nolo.com/legal-encyclopedia/chapter-7-bankruptcy....

1 comments

Chapter 7 has an abuse provision which people also have to pass or the bankruptcy can be turned into a Chapter 11 or Chapter 13 (or gets dismissed outright).

To quote the law directly-

> After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee (or bankruptcy administrator, if any), or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtor’s consent, convert such a case to a case under chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter.

11 U.S.C. § 707(b)(1)

Do you know how often this has been used and isn’t some dead piece of law never cited (like a lot of law is)?