Johnston, RI Bankruptcy Guide

- Step 1: Learn How to File Bankruptcy in Johnston, RI - (Filing)

- Bankruptcy Filing FAQ - (FAQ)

  • What are the different kinds of bankruptcy?

    This site focuses on Chapter7 and Chapter 13. But there are also chapters 11, 12, 9, and 15

  • Glossary of Important Bankruptcy Terms

    From Adversary proceeding to Wage garnishment

  • Do I qualify for bankruptcy?

    To qualify for Chapter 7 bankruptcy, you must pass the means test, which compares your household income to the median income in Rhode Island for a household your size.

  • Secured debt vs. unsecured debt: What's the difference?

    Bankruptcy helps you get rid of unsecured debt. It does not eliminate secured debts, where you have pledged collateral for a loan, such as a car loan or a mortgage. When you file bankruptcy you must declare what you intend to do about your secured debts.

  • Do I need a lawyer to file for bankruptcy?

    The law does not require to have a lawyer, and if your case is simple and you have few assets, you can successfully file a Chapter 7 bankruptcy yourself. Chapter 13? Not so much. And if you have property to lose, or you're not great with details, getting a lawyers help can be a good idea, no matter what kind of bankruptcy you're filing. Also a lawyer may find ways to help that you haven't' thought of

  • Where do I file for bankruptcy?

    Bankruptcy is federal law and you file in the local Federal District Bankruptcy Court. Find out yours.

  • Can I get free bankruptcy forms?

    The US government makes PDF bankruptcy forms available for free. We'll tell you which ones you need and links to download them.

  • What are bankruptcy exemptions?

    Asset protection is an important benefit of bankruptcy. Exemption laws are the laws that let you protect certain assetss from creditors. Every state has different exemptions. Some states allow you to use the federal exemptions.

  • Do I have to get credit counseling before I file for bankruptcy?

    Yes. You must complete a credit counseling course before you file your bankruptcy petition. Fortunately, it's easy and can be done online.

  • What is a 341 hearing (creditors meeting)?

    Everyone who files for bankruptcy must attend a 341 hearing, which is also called a "creditors meeting." The meeting is conducted by the bankruptcy trustee assigned to your case. During the Coronavirus, it. can be done by phone.

- Step 2: Complete the Providence County Bankruptcy Means Test To See If You Qualify for For Chapter 7 - (Means Test)

- Means Test FAQ - (MT FAQ)

  • What Is the Means Test?

    The 2005 Bankruptcy Law (BAPCPA) created the means test, ostensibly to prevent people from abusing bankruptcy. The means test mans you can't file for Chapter 7 bankruptcy if your income is above the median income for Rhode Island, or your allowed expenses leave enough disposable income to fund pay some of your debts over 5 years. In fact, most people who file for Chapter 7 bankruptcy have no trouble passing the means test.

  • Line by Line Means Test Positions of the U.S. Trustee 4/23/2010

    This summarizes the opinion of the United States Trustee Program (USTP) on issues that arise under each line of the means test. These statements are not the last word on the law. They're just how the trustees office interprets the law.

  • Do I Need to Complete the Means Test?

    You can't skip the means test, but it may be very quick, if your income is below the median income for Rhode Island.

  • How Long Does The Means Test Take?

    The means test can be completed very quickly if your average income for the past six months is below the state median. It takes a bit longer if your income is above the state median. But it can easily be completed in under an hour, regardless.

  • How is "Household Size" Defined in the Bankruptcy Median Income Test?

    How many people are in your "household?" The issue can be tricky if you have roomates, or children who only live with you part time. Courts have ruled on lots of issues arising under this question.

  • Contributions of Roommates or Domestic Partners to Household Income

    Household income includes payments from roommate, partner, parent, or relative, regardless of whether living with you. Here's the details

  • Median Income Test Notes

  • If I Pass the Means Test, Can I still be barred from filing bankruptcy?

    A judge can still bar you from filing Chapter 7 bankruptcy if the "totality of the circumstances" under707(b)(3) make it appear you are "abusing" the process.

  • If I fail the Means Test, can a judge allow me to file anyway?

    If you fail the means test you can still claim "special circumstances." Possible "special circumstances" are job loss or pay cut, a serious medical condition, or unusually high child care expenses. You must be able to produce proof of your expenses and that your expenses are reasonable -- and that you have no reasonable alternative.

  • What are "priority claims"?

    Priority claims are debts that must be paid before all other debts. They include alimony, child support, wages you owe to workers, and unpaid taxes.

- Bankruptcy Exemptions FAQ - (BK Exemptions FAQ)

- Specific Forms - (Selected Forms)

- Bankruptcy & the Coronavirus Recession - (COVID-19)

- Bankruptcy News - (News)

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