Tuesday, March 18, 2014

Why Chapter 7 Bankruptcy Can Be Difficult in Santa Rosa

Chapter 7 Bankruptcy Can Be Hard in Santa Rosa


Santa Rosa lies in the heart of the wine country.  For residents of this Northern California resort destination life can be expensive.  With rental prices easily exceeding one thousand dollars per month Sonoma County is not the most affordable area.  Unfortunately, many hard working residents of Santa Rosa fall victim to the high cost of living in Sonoma County and turn to bankruptcy for debt relief.  These very same residents who are already dismayed at the thought of bankruptcy are further crushed when they learn that they make too much money to qualify for chapter 7 bankruptcy

To qualify for chapter 7 bankruptcy a Santa Rosa resident's annualized current monthly income (the average monthly income over the past 6 months) must be below the California median family income for a household of the same size.  For residents of this expensive area with wages to offset the higher cost of living this California median threshold can be a difficult one to fall below.  As a result, many residents make what the Bankruptcy Code considers to be too much money to qualify for chapter 7 bankruptcy.  However, they can still file chapter 7 bankruptcy if they can pass the means test.

The means test is a calculation designed to determine whether filing chapter 7 bankruptcy would be an abuse in that the individual has enough money to fund a chapter 13 repayment plan.  Certain expenses can help the individual pass the means test and thereby qualify for chapter 7 bankruptcy.  Child care, tax obligations, alimony, child support, mortgages, and car payments, among other expenses can help residents of Santa Rosa pass the means test.  With that said, it is important to note that not all monthly expenses count, only certain expenses.  Therefore, if you're considering filing chapter 7 bankruptcy in Santa Rosa you should consult with a local bankruptcy attorney.