Can I qualify and get the life-changing "debt discharge" provided under the code? 

Federal bankruptcy laws provide for a "means test" which will determine whether you are eligible to file of Chapter 7 bankruptcy.   If your income is below the median income for families in Washington, based on Census Bureau statistics, you are usually eligible.  If you earn more than the median income for families in Washington based upon the average of your last 6 months of income, the amount of your mortgage and car payments, back taxes and child support due, daycare expenses and children's school expenses are considered to determine whether you qualify for Chapter 7 Bankruptcy. You won't be eligible for a Chapter 7 bankruptcy if, after deducting these amounts, and the living expenses provided in the Internal Revenue Service's national collection standards, you can still pay at least $6,000 ($100/month) to unsecured creditors over five years. If you don't qualify for a Chapter 7 bankruptcy, your other option is to file a Chapter 13 bankruptcy petition and pay back a portion of your unsecured debts over a period of 3-5 years.

The U.S. Trustee Program applies the following median family income data to all cases filed on or after November 1, 2009. This median family income data will be adjusted again after the Census Bureau updates the data. 
In Washington State as of November 1, 2009, the median income for a single wage earner is $51,344; for a family of two, it is $64,158;  $72,533 for three; and for four, $82,716. *Add $6,900 for each individual in excess of 4.

If your income is below the state median income for your family size, you will probably qualify for Chapter 7 Bankruptcy.  However, even if you are below the state median income, you will not qualify for Chapter 7 Bankruptcy if your monthly reasonable and necessary household expenses (expenses determined by an IRS standard by county, both state and nation wide) are lower than average and without paying the unsecured debts you  wish to discharge in Chapter 7 Bankruptcy, you have over $100 per month of disposable income to pay back part of your debts to unsecured creditors.   Those situations usually occur in cases where a family is below the state median income, but they have a lower than average rent or mortgage payments, and little or no car payments.

In those cases, as well cases where your family is above the state median income with lower than average household expenses,  you will typically have to file a Chapter 13 Bankruptcy petition and pay back part of the debt to your unsecured creditors over a 3-5 year period. 

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        Larry Lofgren, Attorney at Law - Debt Relief Agency 
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