The $6,000 and $10,000 qualifying amounts in the flowchart are adjusted
every 3 years under 11 USC � 104.
The adjusted amounts are referenced in 11
USC � 707(b)(2)(A)(i).
The above chart includes clickable links to for:
- Requirements to Start
a bankruptcy and the effect of a prior bankruptcy - when the
Automatic Stay applies, when it is terminated, effect of a case
terminated within the last 180 days, when a discharge will not be
granted, and when a discharge might not be the objective.
- Credit Counseling Agency Briefing
- Contents of the briefing, when the briefing is not required, when it
may be waived temporarily, requirements for credit counseling
Monthly Income - Definition, 6 month period for
determination, exclusions from income, spouse's income in non-joint
cases, self employed debtors.
Income in the state - Comparing debtor's income to the state
median, calculation based on number in household. Census Bureau data
links, who is in a household.
- Needs based bankruptcy; IRS National Expense Categories for apparel
and services, food, housekeeping supplies, & miscellaneous
categories; IRS local standards for utilities, housing and
transportation; IRS other necessary expenses for accounting and legal
fees, charitable contributions, child care, court ordered payments,
education, health care, life insurance, taxes, family safety expenses;
care of elderly, ill or disabled member of household; Chapter 13
Trustee's fee; school expenses; payment on secured debts; payment on
home, vehicle and other property; priority claims.
Management Course - When required, who gives it, description
under Chapter 7 and 13 - Requirements for discharge, debts
discharged, debts not discharged.
is a summary description of bankruptcy and may not be accurate under all
circumstances. You should consult a qualified attorney to see how
the law will apply to your situation.