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STEP ONE: THE PETITION IS FILED The moment a petition is filed, it creates what we call an automatic stay or a legal freeze on all pending collection activity. Shortly after the bankruptcy is filed, notices will go to all of your creditors and you'll receive a notice as well.
Examples of bankruptcy priority claims include most taxes, alimony, child support, restitution, and administrative claims. In a Chapter 7 asset case, priority claims receive payment in full before any payments to general unsecured creditors. Priority debts are nondischargeable.
While it may feel odd to pay fees to tell the courts you don't have enough money, you typically have to pay court fees to file for bankruptcy. The filing fee for a Chapter 7 bankruptcy is $338, while the filing fee for a Chapter 13 bankruptcy is $313.
The means test is calculated by comparing the debtor's average income for the past six months (current monthly income), annualized, to the median income for households of the same size in the debtor's state of residence.
Income is calculated by looking at the debtor's income for the six-months prior to filing. A debtor who previously had a higher income but has been laid off in the last year, for example, would be able to rely on their most recent income to satisfy the Means Test.