|
Home
Featured
Personal Finance
Title
Your ad here
Contact Us
All content is copyright (1998-2008)
BonPaulProductions (all rights reserved)
|
New Bankruptcy Laws -
Monthly Living Allowances under Chapter 7
This article was written in 2005.
Means Testing Schedule
707(b)(2)(A)(ii)(I), Title 11, United States Bankruptcy Code, proposed under H.R.975, 108th Congress:
Debt relief under new bankruptcy laws, as proposed, require determination of an individuals disposable monthly income. In a major departure from current law, the IRS will determine living requirements for all individuals, in all circumstances, automatically. Judges and trustee are required to accept the IRS assessment without discretion.
IRS National Standards for Allowable Living Expenses Collection Financial Standards for Food, Clothing and
Other Items. Due to their unique geographic circumstances and higher cost of living, separate standards have
been established for two states."
New Bankruptcy Laws One Person National Standards Based on Gross Monthly Income Earned
| Income |
Monthly living allowance under new bankruptcy laws |
| |
|
| Less than $830 |
$344 |
| $831 to $1,249 |
$393 |
| $1,250 to $1,669 |
$456 |
| $1,670 to $2,499 |
$514 |
| $2,500 to $3,329 |
$598 |
| $3,330 to $4,169 |
$670 |
| $4,170 to $5,829 |
$701 |
| $5,830 and over |
$1,016 |
New Bankruptcy Laws for Two Person National Standards Based on Gross Monthly Income Earned
| Income |
Monthly living allowance under new
bankruptcy laws |
| |
|
| Less than $830 |
$493 |
| $831 to $1,249 |
$554 |
| $1,250 to $1,669 |
$642 |
| $1,670 to $2,499 |
$716 |
| $2,500 to $3,329 |
$782 |
| $3,330 to $4,169 |
$879 |
| $4,170 to $5,829 |
$940 |
| $5,830 and over |
$1,290 |
New Bankruptcy Laws for Three Person National Standards Based on Gross Monthly Income Earned
| Income |
Monthly living allowance under new bankruptcy laws |
| |
|
| Less than $830 |
$675 |
| $831 to $1,249 |
$679 |
| $1,250 to $1,669 |
$741 |
| $1,670 to $2,499 |
$834 |
| $2,500 to $3,329 |
$895 |
| $3,330 to $4,169 |
$982 |
| $4,170 to $5,829 |
$1,020 |
| $5,830 and over |
$1,414 |
New Bankruptcy Laws for Four Person National Standards Based on Gross Monthly Income Earned
| Income |
Monthly living allowance under new bankruptcy laws |
| |
|
| Less than $830 |
$838 |
| $831 to $1,249 |
$847 |
| $1,250 to $1,669 |
$877 |
| $1,670 to $2,499 |
$902 |
| $2,500 to $3,329 |
$969 |
| $3,330 to $4,169 |
$1,175 |
| $4,170 to $5,829 |
$1,249 |
| $5,830 and over |
$1,497 |
New Bankruptcy Laws for more than Four Persons National Standards Based on Gross Monthly Income Earned
| Income |
Monthly living allowance under new bankruptcy laws -
for each additional person, to four additional persons, add |
| |
|
| Less than $830 |
$125 |
| $831 to $1,249 |
$135 |
| $1,250 to $1,669 |
$145 |
| $1,670 to $2,499 |
$156 |
| $2,500 to $3,329 |
$165 |
| $3,330 to $4,169 |
$175 |
| $4,170 to $5,829 |
$185 |
| $5,830 and over |
$195 |
*The schedule above was not originally intended to determine living standards absent a criminal conviction.
New bankruptcy laws incorporate these standards by reference, applied universally, without judicial discretion,
to all individuals who file.
New bankruptcy laws are about to change for Chapter 13 filers:
Trustees and judges will lose discretion under proposed new bankruptcy laws. Notice the following: Poverty
Guidelines for the 48 Contiguous States and the District of Columbia, according to the U.S. Census Bureau:
Size of
Family Unit |
Income - 48 Contiguous
States and D.C. |
| 1 |
$ 8,980 |
| 2 |
12,120 |
| 3 |
15,260 |
| 4 |
18,400 |
| 5 |
21,540 |
| 6 |
24,680 |
| 7 |
27,820 |
| 8 |
30,960 |
Each additional
person, add |
3,140 |
| SOURCE: Federal Register, Vol. 68, No. 26, p. 6456 |
A couple each earning minimum wage jointly earn (($5.25x40) x 52 weeks) x2) = $21,840 per year.
With no dependents, according to the above schedule, they are $9,720 over the poverty threshold, or stated
similarly, earning 80.2% excess annual income. New bankruptcy laws will incorporate poverty levels and median
(average) income levels to bar bankruptcy relief. In particular, if any debtor filing bankruptcy under new
bankruptcy laws exceeds the state poverty level, new bankruptcy laws prevent relief and cases must be dismissed.
New bankruptcy laws are expected to become law at any time. In essence, anyone earning above the poverty level
will be limited to Ch. 13 under the new bankruptcy laws. |
