Can I Qualify in Bellevue?

Bankruptcy can offer real, lasting relief, but you might be wondering if you actually qualify. Then, if you do qualify for bankruptcy in King County, whether Chapter 7 or Chapter 13 is the better path for your situation. These are big decisions that could bring a lot of stress. That's where we come in.

With 30 years of combined experience helping people like you across Washington State, our attorneys know how to guide you through every step, protect what matters most, and help you move forward. Contact our Bellevue law offices today for a free consultation, and let's talk about your options.

Bankruptcy laws cover income limits, debt thresholds, and paperwork requirements that can be confusing without legal guidance. Our Bellevue attorneys help you figure out if you qualify under either Chapter 7 or Chapter 13 by reviewing your income, debts, and assets against Washington State and federal standards.

Qualifications For Chapter 7 Bankruptcy In Washington State:

• You pass the federal "means test," comparing your income to the Washington State median for your household size.
• You have little or no disposable income after covering essential living expenses.
• You haven't filed Chapter 7 within the past 8 years or Chapter 13 within the past 6 years.
• You've completed an approved credit counseling course within 180 days of filing.
• You can provide full documentation of your income, debts, expenses, and assets.

Qualifications For Chapter 13 Bankruptcy In Washington State:

• You earn a steady income and can commit to a repayment plan lasting 3 to 5 years.
• Your unsecured debts are under $465,275 and $1,395,875 for secured debts (11 U.S. Code § 109(e)).
• You're current on your most recent tax filings.
• You haven't had a bankruptcy case dismissed in the past 180 days for failing to appear or comply with court orders.
• You are ready to submit a court-approved repayment plan based on your financial situation.

From Lake Hills and Wilburton to Bridle Trails and Downtown Bellevue, we've helped thousands of clients across Washington State understand their options and take back control of their finances. Let's figure out what works for you. Contact our Bellevue attorneys today for a free consultation.

Filing for bankruptcy in King County isn't something you should do alone. There are specific court locations, forms, and steps you'll need to follow, and having a local Bellevue attorney makes a major difference. Here's what you'll need to do to file for bankruptcy:

1. Gather Your Financial Documents: Start by rounding up financial documents, including:
   • A list of creditors and what you owe
   • Your pay stubs
   • Tax returns for the last four years
   • Recent bank statements
   • A detailed list of your monthly expenses
2. Take The Mandated Credit Counseling Course: Before you can file for bankruptcy, federal law requires you to complete a credit counseling course. This must be done within 180 days of filing.
3. File Your Case At The U.S. Bankruptcy Court: In King County, you file at the Western District of Washington bankruptcy court. Most cases are at the:
   
   Western District of Washington Seattle Division
   700 Stewart Street, Room 6301
   Seattle, WA 98101
4. Pay The Filing Fee: For Chapter 7, the filing fee is $338. For Chapter 13, it's $313. Fee waivers or installment plans may be available based on your income.
5. Submit Your Bankruptcy Petition: Your attorney will help you electronically file the complete petition, including schedules, a statement of your financial affairs, and your means test calculations.
6. Attend The 341 Meeting Of Creditors: Usually held via phone or Zoom, this is a required hearing where you'll answer questions under oath. If you live in Bellevue, Redmond, Kirkland, or Renton, this meeting will be through the Seattle office.
7. Take The Debtor Education Course: You must complete this second mandatory course before the courts will discharge your bankruptcy.

Ready to get started? Our Bellevue bankruptcy legal team is standing by to schedule your free consultation.

Ready to learn if you qualify for debt relief through bankruptcy? Our legal team in King County is standing by to schedule your free consultation with our Bellevue attorneys.

Anybody can file a bankruptcy. The question is usually what kind of bankruptcy is best for you. Even undocumented workers can file bankruptcy and get a discharge. Of course, there are limits to how many you can file. You can only file and receive a discharge in a Chapter 7 every seven years. If you have filed a Chapter 7 and received a discharge in the past four years, you have to file a Chapter 13 to get a discharge. Businesses can file bankruptcy too, though a business can not get a discharge in a Chapter 7. A business that closes and liquidates is dead anyway so there is no need for a discharge. If a debtor is personally liable for business debt, they must file a personal bankruptcy. To get a discharge, a business must file a Chapter 11.

Before filing a bankruptcy, a debtor must take a credit counseling class within 6 months of the case being filed. The case will be dismissed if this class is not taken. The class only lasts a couple of hours and can be done on line.

Debtors who file bankruptcy must submit detailed financial information to the court. This information must be accurate. If a debtor lies, they could be guilty of bankruptcy fraud. If the debtor refuses to give information they must provide to the court, the case can be dismissed. The debtor must also attend all necessary hearings to complete the case. To get a discharge, the debtor must take a second class called a financial responsibility class, within 45 days of their meeting of creditors. If this class is not taken, the case closes without discharge.

A Chapter 7 debtor must submit to a means test to show they are not abusing the bankruptcy system. This means test measures their last six months of income and deducts expenses from it so show that there is no money to pay creditors in the case. If the means test shows there is income, the Chapter 7 debtor can be found to be abusing the bankruptcy system. In that case, a debtor may have to convert the case to Chapter 13 or the case will be dismissed. A debtor can rebut the presumption that they are abusing the bankruptcy system by showing that there are special circumstances in their case. Examples of special circumstances include a drastic drop in future earnings, uncommon expenses or new household members.

Chapter 13 debtors must show that they are able to complete the plan. That means they must show they can afford to make the payments set out in the bankruptcy plan, which must include payment of mortgage arrears if they intend to keep a house, car payments if they intend to keep the car, recent back taxes, back child support or any payment needed to cover property they don’t want to lose in the plan. If they plan won’t cover these payments, it is deemed “unfeasible” and can be dismissed. There are debt limits to filing a Chapter 13 as well. These debt limits change but are just over a million dollars of secured debt or $350,000 in unsecured debt. If a debtor has more debt than this and cannot or does not want to file a Chapter 7, they must file a Chapter 11 bankruptcy.