• Will I have to give up all my assets?
  
• Do I have to list all my debts?
  
• Will I lose my house even if I'm current?
  
• Will the trustee come to my house?
  
• Does my spouse have to file bankruptcy with me?
  
• Will bankruptcy stop wage garnishments?
  
• Are there debts that I cannot discharge?
  
• Is the IRS affected by my bankruptcy filing?
  
• Can I keep my car?
  
• Will I be allowed to file bankruptcy?
  
• How do I know which chapter to file?
  
• Can I discharge my student loans?
  
• What do I have to do to file bankruptcy?
  
• Can I put my assets in someone else's name before filing?
  
• Will I lose my retirement savings?
  
• Can I get credit after bankruptcy?
  
• What if I can't make the payments on my Chapter 13 plan?
  
• Does a previous bankruptcy prevent me from filing?
  
• Are there tax consequences to filing bankruptcy?
  
• Can I file bankruptcy without a lawyer?

Will I be allowed to
file bankruptcy?

Bankruptcy now includes a "mean test" which is intended to provide a more objective approach to the issue of a debtor's ability to pay. Prior to the 2005 amendments, the trustee could ask the judge to dismiss a case because the debtor's income was so high that to permit the debtor to discharge his debts in Chapter 7 was a "substantial abuse" of the bankruptcy system. Now, the means tests purports to provide uniformity to the process and lowers the standard to simple "abuse". S 707(b)(2).

The United States Trustee or the Chapter 7 trustee can seek to have a debtor's case dismissed for "abuse" if the debtor's income, including that of a non-filing spouse, is sufficient to repay a significant portion of the scheduled debts.  11 U.S.C. 707(b). The real expectation is that debtors who are challenged in this way will convert their case to Chapter 13.

The law on this subject is not well developed and the attitudes of trustees and judges about what is "abusive"  varies from district to district.  

This concept does not apply to Chapter 7 debtors whose debts are primarily business debts, tax debt, or to those filing Chapter 13