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Depending on the type of bankruptcy you file, the fees you incur will vary. In Tennessee, the price for filing is generally $338. In the Eastern District, filers can pay this fee over a four-month period after they file if they do not have the means to pay upfront. Chapter 13 costs $313 to file.
To qualify for Chapter 7, the person filing must pass a bankruptcy means test, which determines how much disposable income he or she has available. The debtor's income must be at or below the state median in order to be able to file.
Chapter 7 Petition Package - If a debtor files a chapter 7 bankruptcy case and the debtor's income is less than 150% above the federal H.H.S Poverty Guidelines (which varies depending on your family size), the court may waive the filing fee completely or approve payments in installments.
If the amount is between $7,700 and $12,850: You must make further calculations involving your nonpriority unsecured debt (lines 41 and 42) to determine if you may qualify. If your disposable income exceeds $12,850: There is a presumption of abuse and you must check Box 2 on the top of Page 1 of this form.
There are several situations where a Chapter 13 is preferable to a Chapter 7. A Chapter 13 bankruptcy is the only choice if you are behind on your mortgage or business payments and you want to keep your property, either in Tennessee or another state, at the end of the bankruptcy process.
If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.
You can earn a high income and still pass the means test if you have substantial expenses like a hefty mortgage, multiple car payments, taxes, childcare, health care, or care of an elderly or disabled person. However, if your disposable income is more than a certain sum, you will not be able to file.
If you earn less than the median California income for a household of similar size, then you qualify for Chapter 7 bankruptcy. If you earn more than the median California income, you use the means test to determine whether you qualify to file bankruptcy under Chapter 7.