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Your average household income is determined by averaging your monthly income over the last six calendar months. If you are over the median income limit and your income has declined over the last six months, then waiting one or more months might bring your income under the median level for California.
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.
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, ...
In order to ask for IFP status, you must file a "PETITION AND AFFIDAVIT TO PROCEED IN FORMA PAUPERIS" with the Court, in which you give the Judge detailed information about your financial situation. The required form is attached to these instructions, along with a form order for the Judge.
The fee for filing a Chapter 7 bankruptcy petition is $338. You can pay this fee with a cashier's check or money order made payable to "Clerk, U.S. Bankruptcy Court.? If your current income is below 150% of the poverty guidelines, the court may agree to waive the filing fee.
How to ask for a Fee Waiver Gather the information you need. Look at Form FW-001-INFO. ... Fill out forms. Fill out the Request to Waive Court Fees (form FW-001). ... Make copies. Make a copy of your completed Form FW-001. ... File your Request for Fee Waiver. Take your original and copy of your fee waiver forms to the court clerk.
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.
Calculation of Current Monthly Income: To begin the means test, debtors calculate their current monthly income, which equates to twice the gross income earned in the six months leading up to the bankruptcy filing.