Doney & Associates PLC
Flowchart to a Fresh Start
Under the Bankruptcy Code as amended by The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Click on the flowchart for a pop-up explanation of specific terms, or
go to Flowchart Notes to view all explanations on a single page.

    Printable Version Printing Tips
Click for details on EFFECT OF PRIOR BANKRUPTCIES Click for details on BRIEFING. Click for details on CURRENT MONTHLY INCOME. Click for details on CURRENT MONTHLY INCOME. Click for details on MEDIAN INCOME. Click for details on EXPENSES. Click for details on FINANCIAL MANAGEMENT COURSE. Click for details on DISCHARGE.

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 agencies.
  • Current Monthly Income - Definition, 6 month period for determination, exclusions from income, spouse's income in non-joint cases, self employed debtors.
  • Median 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.
  • Expenses - 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.
  • Financial Management Course - When required, who gives it, description and cost.
  • Discharge under Chapter 7 and 13 - Requirements for discharge, debts discharged, debts not discharged.

Caution:  This 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.

This page was last revised: 02/18/09