I am Self Employed ... Can I File Chapter 7?
Posted By
Majed on Jun 17, 2011 8:03am PDT
Yes. Being self-employed does not preclude a debtor from filing Chapter 7 instead of Chapter 13. The same rules apply for employed, unemployed and self-employed individuals filing for Chapter 7. You must past the means test to prove eligibility. The means test is simply a formula that calculates how much money a debtor has coming in and how much is owed to creditors. It also takes into account the cost of living standard in that debtor's area. The goal of the test is to determine whether there is any discretionary income with which to pay creditors.
There are many options for a self-employed individual in bankruptcy. You could file for individually or under your business name, as a liquidation or repayment plan. It is imperative that you discuss all of your options with an experienced professional before moving forward.