Trusted Nampa, ID Bankruptcy Lawyer FAQs

The court may simply dismiss your petition, or if it determines that you lack the ability to pay your debts, it may convert it to a Chapter 7 petition (even over your objections). If the court simply dismisses your petition, it will lift the automatic stay and perhaps prevent you from re-filing for bankruptcy for 180 days.

No. Certain items cannot be discharged, such as:

• Some tax debts
• Most student loans debts
• Alimony and child support obligations
• Debts that arose after you filed for Chapter 7
• Court fees
• Fines and sanctions
• Restitution for DUI-related accidents
• Certain other debts

After you submit your bankruptcy petition, you will be ordered by the bankruptcy court to attend a creditor’s meeting. You should bring your lawyer with you. In many cases, no creditor bothers to attend. The court’s interim trustee, however, will ask you questions under oath that are designed to determine whether you are eligible for a discharge.

The Idaho means test is a financial analysis designed to determine whether your income is too high to qualify for Chapter 7 bankruptcy. If your income is below the Idaho median income for your household size, you will not have to take the means test.

You are required by federal law to undergo credit counseling before filing for Chapter 7 or Chapter 13 bankruptcy. Credit counseling is a briefing given by an approved non-profit credit counseling service. Fees may be waived or reduced if your income is low enough. You will need to submit a certificate of completion with your bankruptcy petition.