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?There are ways to qualify for a Chapter 7 bankruptcy even if your income is higher than the state median for a family your size,? Latham said. ?For example, you can deduct eligible expenses, such as your mortgage, car payments, health and life insurance premiums, taxes, child care, and charitable contributions.?
Once you have filed your case, it depends which kind of bankruptcy you have filed, to determine how long it's going to take to get to the end until you're done. For a Chapter 7 bankruptcy, which is the most common type of bankruptcy, it typically takes about three months.
The full Means Test compares the debtor's income to their expenses to determine whether they should benefit from Chapter 7 relief based on their ?disposable income.? Applying the Means Test involves deducting all household expenses from the debtor's gross income, including housing costs, utilities, medical expenses, ...
If you file for chapter 7 bankruptcy in Nevada, state law permits you to keep certain property (?exemptions?) such as up to $605,000 of equity in your home, up to $15,000 of equity in your car, and up to $1 million in certain retirement plans.
If you make under California's median income for your household size, you should qualify for a Chapter 7 bankruptcy. If you make more, then you'll likely only qualify for a Chapter 13 bankruptcy, as determined by the bankruptcy means test.
All bankruptcy courts charge a $338filing fee to file a Chapter 7 bankruptcy. You must pay the fee when you file your bankruptcy forms.
If you cannot afford to pay a filing fee, you can file an "Application to Proceed In Forma Pauperis," also known as a "fee waiver application." This is a written request to the court to waive the filing fee. You must demonstrate that you are not able to pay the fee.
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.