Idaho Bankruptcy Laws

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    • Before 2005 federal bankruptcy reform, Idaho residents usually had an easier time filing for debt relief, according to the book "How to File for Chapter 7 Bankruptcy." However, due to widespread bankruptcy abuses, the federal government had to enact numerous regulations and laws that directly affect Idaho citizens seeking either debt forgiveness through Chapter 7 or partial debt reduction through Chapter 13.

    Chapter 7 Income Qualification

    • As a resident of Idaho, you must not earn any more money than the state's annual median income in order to automatically qualify for Chapter 7 bankruptcy. If you earn more than Idaho's median income for your household size, you're not necessarily out of luck; if you prove you don't have any disposable income through a federally-designed means test, then you still might qualify for Chapter 7. Otherwise, you must repay part of your financial obligations under Chapter 13. As of 2010, a single Idaho resident can make up to $39,625 annually and automatically qualify for Chapter 7; families of three can earn up to $52,765 and not need to pass a federal means test to file Chapter 7, according to the U.S. Trustee program.

    Credit Counseling Requirement

    • Your bankruptcy petition will be denied if you fail to complete credit counseling before you file, according to the United States Bankruptcy Court District of Idaho. Such sessions must be completed no more than 180 days before you file bankruptcy. Keep in mind that if your bankruptcy is dismissed you must pay filing fees again if you choose to pursue your case.

    Filing Fees

    • You must arrange to pay your filing fees at the time you file your petition, according to the United States Bankruptcy Court District of Idaho. As of 2010, it cost $299 to file Chapter 7 and $274 to pursue a Chapter 13 case. These fees do not include any legal assistance you require; Idaho bankruptcy court staff members cannot, under any circumstances, give you legal advice.

    Non-dischargable Debts

    • You cannot liquidate, through Chapter 7, or reduce, through Chapter 13, certain debts, including most Idaho state and local income taxes. Tax bills, including federal obligations, can be included in your case if they are less than three years old. Court fines, civil damages related to criminal acts, most federal student loans, child support and alimony also cannot be eliminated or reduced in an Idaho bankruptcy case.

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