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Generally, the median income is used for the “Means Test” in determining whether you qualify to file under Chapter 7 or Chapter 13.  To qualify for Chapter 7, the debtor’s income must typically be below the median income.

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15452367_sGenerally, the median income is used for the “Means Test” in determining whether you qualify to file under Chapter 7 or Chapter 13.  To qualify for Chapter 7, the debtor’s income must typically be below the median income.

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8733205_sGenerally, the median income is used for the “Means Test” in determining whether you qualify to file under Chapter 7 or Chapter 13.  To qualify for Chapter 7, the debtor’s income must typically be below the median income.

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One of the primary goals of bankruptcy is obtaining a discharge of all of your dischargeable debts.  We have already discussed when the discharge order should be issued (i.e., approximately 120 days from the day you file bankruptcy).  A lot of people have asked us, “what do the bankruptcy discharge papers actually look like.”  It seems a little underwhelming, but the discharge order is actually just a few sentences and reads:

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Debts that you discharge through bankruptcy have no tax consequences.  Specifically under current law, the amount discharged is not to be treated as income.  See 26 U.S.C. § 108(a)(1)(A)

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396686_sTaxes are the debts that are most frequently nondischargeable in bankruptcy cases.  The dischargeability of taxes can be complicated.   In a Chapter 7, you are able to discharge certain personal federal and/or state income taxes if you meet the following criteria:

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Although it is very rare, it is possible to have your discharge revoked.  In order to have your discharge revoked, a complaint must be filed against you within a relatively short time frame and allege the existence of one of the following sets of circumstances:

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automatic_stayThe “automatic stay” codified in section 362(a) of the Bankruptcy Code is a statutory injunction that occurs immediately upon filing of a bankruptcy petition.

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joker“Exempt” property or an “exemption” refers to property you get to keep after filing for bankruptcy.  In Nevada, one of the exemptions is a “wildcard” exemption.  The wildcard exemption can be applied to any property that otherwise would not be exempt in bankruptcy.  In Nevada, as of 2017, the wildcard exemption is $10,000 if you are single filer or $20,000 if you are filing with your spouse.

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