Bankruptcy Worksheet

In order to get the most out of your bankruptcy worksheet, you have to be very honest with yourself and take a detailed look at your finances. There are several steps you will need to go through. Use these steps to get the most out of your bankruptcy worksheet.

• Consider why you want to file for bankruptcy. You likely have a good reason to file for bankruptcy, but the first step of the bankruptcy worksheet is to write these reasons down. There are many reasons that are valid for filing and you need to be sure of what you want to achieve through the process.
• Classify your debt. When you are taking a look at your debt, you will need to determine whether it is personal debt, a business debt, or if you have both kinds that you want to focus on.
• Explain your case. While you briefly mentioned your reasons for wanting to file for bankruptcy, you will use this section to go into more detail about your current situation. You will also use this section to list any major expenses you may have, including dependants.
• Estimate your debt. Take the time to write down all of your debt, the amount owed, and the kind of debt it is so you really know what you are looking at for your bankruptcy filing.
• Outline mortgages or auto loans. You will need to detail any mortgages or auto loans you are responsible for repaying. Also, make a note of whether or not you are up to date on your payments. If you are planning on keeping these items, you should continue to make payments through the course of your bankruptcy.
• Detail your income and expenses. Be sure to write down all of your monthly income and expenses so you know the amount of disposable income you will have.
• List your real estate and personal property. You should detail all of the assets you currently have including your retirement accounts and any property you own.
• Use your complete financial snapshot. You will use this complete snapshot to determine whether or not bankruptcy is right for you and if so, the type of bankruptcy you may want to consider.

Chapter 13 bankruptcy is typically the bankruptcy option people turn to if they do not qualify for Chapter 7 bankruptcy. This type of bankruptcy is not designed to completely wipe out debt. Instead, it is the type of bankruptcy that allows the debtor to create a feasible plan to repay all of his or her debt. Debts are often repaid at only pennies on the dollar—meaning that only a fraction of the outstanding debt will ever need to be repaid.

The idea is that the debtors will propose plans to their creditors to repay all of the debt using an installment plan that will last anywhere between three to five years. The time frame is set at three years if the current monthly income of the debtor is set to less than the applicable state median set forth by law. However, the court can always approve longer repayment terms if there is a good cause for it. No plans are allowed to last longer than five years.

During this time frame, all creditors are prohibited from starting or continuing collection efforts against the debtor. For this type of bankruptcy, it is not required that you sell your assets in order to pay off your debt. This aspect often makes Chapter 13 bankruptcy very appealing. There is no income limit on this type of bankruptcy, but you are limited to the amount of debt you can file under Chapter 13 bankruptcy. For cases filed between April 1, 2022 and March 31, 2025, the debt limits are set at $465,275 of unsecured debt and/or $1,395,875 of secured debt. If you have debt that is more than these amounts, you are not eligible to file for Chapter 13 bankruptcy.

Chapter 7 bankruptcy is a type of bankruptcy that involves a process for debtors to eliminate most of their debts. Through the process, debtors have the opportunity to start over with a clean slate in terms of their debt and credit. It is essentially a process that allows people to start over financially once it has been completed.

However, it is not always the ideal option and depends on people’s individual circumstances. This is due to the fact that in order to remove debts, many of the debtor’s assets must be sold, if possible. Assets are used to pay for as much of the debt as possible. In the end, the debtor is freed from debts even if they have not been paid in full through the sale of their assets.

As of 2022, debtors must pass the "means" test in order to qualify for Chapter 7 bankruptcy. The "means" test is used to determine whether your income is low enough relative to your necessary expenses to qualify for Chapter 7 bankruptcy. The test is a specific formula designed to prevent high-income earners from taking advantage of the system. The idea behind it is to ensure that anyone who files for Chapter 7 bankruptcy genuinely needs assistance to pay off his or her debts.

The formula used takes the current income of the potential filer and then deducts monthly expenses to determine disposable income. The higher your disposable income, the less likely you will qualify for Chapter 7 bankruptcy. If you make too much money, you cannot use Chapter 7 bankruptcy to completely wipe out your debt, but you do still have the option of filing under Chapter 13 bankruptcy.

There are many key differences between Chapter 7 and Chapter 13 bankruptcy that can help you determine which one may be the better option for your needs. These are some of the key differences between the two:

• Length of time: Chapter 7 bankruptcy can be completed and debts discharged in anywhere between three and five months. Chapter 13 bankruptcy is not completed until all payments are made, which can take anywhere from three to five years depending on the terms.
• Property: In Chapter 7 bankruptcy, all eligible assets are sold to pay for the debts, which includes any property owned by the debtor. However, with Chapter 13 bankruptcy, debtors are able to keep more of their property and make payments instead, thereby allowing them to keep the assets they have worked too hard to pay for in the past.
• Who can file: With Chapter 7 bankruptcy, both individuals and business entities are able to file. With Chapter 13 bankruptcy, only individuals, including sole proprietors, are able to file.
• Eligibility requirements: Chapter 13 bankruptcy has set limits on the amount of debt you can have in order to be eligible. Chapter 7 bankruptcy has set income limits and uses a "means" test to determine eligibility.

Before you file for bankruptcy, it is important to understand what it can and cannot do for your debt situation. There are some debts that are covered in a bankruptcy as well as some that cannot be included. These are some of the types of debts you can include:

• Unsecured debts: Unsecured debt would include credit card debt unless you have a secured card. Credit card debt is the most common type of unsecured debt, but there may also be other kinds.
• Medical bills: If you are unable to pay your medical bills, you can include these debts in your bankruptcy filings.
• Utility bills: In this case, you can only include past due amounts.
• Personal loans: Personal loans that qualify include those from friends, family, and even from your employer.
• Collection agency bills: Not only can you include these debts in your filing, but as soon as you file, an automatic stay will be initiated so they cannot contact you for payment.
• Past due rent: If you are being sued or owe money under your lease agreement or a previous one, you can include those amounts in your bankruptcy.

These are some of the types of debts that cannot be included:

• Tax debts
• Student loans
• Child support and alimony

There are both positive and negative consequences of bankruptcy. These are just a few of the impacts of bankruptcy that you can expect:

• Lower credit score: A bankruptcy can stay on your credit report for seven to ten years and during that time, you will see a lower credit score as a result. Eventually, though, your credit will get better and possibly be stronger than it was in the beginning.
• Difficulty getting loans: As the bankruptcy is on your record, many companies will not want to approve you for loans or other forms of credit.
• A fresh start: At the end of your bankruptcy, you will have a fresh financial start so you can do things right and begin to rebuild your life. It may take some time, but you will not have to battle your debts to achieve your goals.