Moscow Idaho Bankruptcy
Important Idaho Bankruptcy Exemptions Pursuant to Idaho Statute
11-605. Exemptions of personal property AND DISPOSABLE EARNINGS subject to value limitations.
(1) An individual is entitled to exemption of the following property to the extent of a value not exceeding seven hundred fifty dollars
($750) on any one (1) item of property and not to exceed a total value of seven thousand five hundred dollars ($7,500) for all items
exempted under this subsection:
(a) Household furnishings, household goods, and appliances held primarily for the personal, family, or household use of
the individual or a dependent of the individual;
(b) If reasonably held for the personal use of the individual or a dependent, wearing apparel, animals, books, and
musical instruments; and
(c) Family portraits and heirlooms of particular sentimental value to the individual.
(2) An individual is entitled to exemption of jewelry, not exceeding one thousand dollars ($1,000) in aggregate value, if held for the
personal use of the individual.
(3) An individual is entitled to exemption, not exceeding two thousand five hundred dollars ($2,500) in aggregate value, of implements,
professional books, business equipment and tools of the trade; and to an exemption of one (1) motor vehicle to the extent of a value not
exceeding seven thousand dollars ($7,000).
(8) An individual is entitled to exemption of one (1) firearm valued at seven hundred fifty dollars ($750), or less.
(9) Any unmatured life insurance contract owned by an individual, other than a credit life insurance contract.
(10) An individual's aggregate interest, not to exceed five thousand dollars ($5,000) in any accrued dividend or interest under, or
loan value of, any unmatured life insurance contract owned by the individual under which the insured is the individual or a person of
whom the
individual is a dependent.
(11) An individual's aggregate interest in any tangible personal property, not to exceed the value of eight hundred dollars ($800).
(12) An individual is entitled to an exemption for his disposable earnings as defined in subsection 2. of section 11-206, Idaho Code,
wages, salaries, and compensation for personal services rendered, to the extent such earnings, wages, salaries, and compensation have
been earned but have not been paid to the individual, not to exceed one thousand five hundred dollars ($1,500) in a calendar year. This
exemption shall not affect the application or operation of the garnishment restrictions set forth in section 11-207, Idaho Code.
11-605. Exemptions of personal property AND DISPOSABLE EARNINGS subject to value limitations.
(1) An individual is entitled to exemption of the following property to the extent of a value not exceeding seven hundred fifty dollars
($750) on any one (1) item of property and not to exceed a total value of seven thousand five hundred dollars ($7,500) for all items
exempted under this subsection:
(a) Household furnishings, household goods, and appliances held primarily for the personal, family, or household use of
the individual or a dependent of the individual;
(b) If reasonably held for the personal use of the individual or a dependent, wearing apparel, animals, books, and
musical instruments; and
(c) Family portraits and heirlooms of particular sentimental value to the individual.
(2) An individual is entitled to exemption of jewelry, not exceeding one thousand dollars ($1,000) in aggregate value, if held for the
personal use of the individual.
(3) An individual is entitled to exemption, not exceeding two thousand five hundred dollars ($2,500) in aggregate value, of implements,
professional books, business equipment and tools of the trade; and to an exemption of one (1) motor vehicle to the extent of a value not
exceeding seven thousand dollars ($7,000).
(8) An individual is entitled to exemption of one (1) firearm valued at seven hundred fifty dollars ($750), or less.
(9) Any unmatured life insurance contract owned by an individual, other than a credit life insurance contract.
(10) An individual's aggregate interest, not to exceed five thousand dollars ($5,000) in any accrued dividend or interest under, or
loan value of, any unmatured life insurance contract owned by the individual under which the insured is the individual or a person of
whom the
individual is a dependent.
(11) An individual's aggregate interest in any tangible personal property, not to exceed the value of eight hundred dollars ($800).
(12) An individual is entitled to an exemption for his disposable earnings as defined in subsection 2. of section 11-206, Idaho Code,
wages, salaries, and compensation for personal services rendered, to the extent such earnings, wages, salaries, and compensation have
been earned but have not been paid to the individual, not to exceed one thousand five hundred dollars ($1,500) in a calendar year. This
exemption shall not affect the application or operation of the garnishment restrictions set forth in section 11-207, Idaho Code.
General Qualification Information for Chapter 7 Idaho Bankruptcy
Means Test
2)(A)(i) In considering under paragraph (1) whether the granting of
relief would be an abuse of the provisions of this chapter, the court
shall presume abuse exists if the debtor's current monthly income
reduced by the amounts determined under clauses (ii), (iii), and (iv),
and multiplied by 60 is not less than the lesser of--
(I) 25 percent of the debtor's nonpriority unsecured claims in the case,
or $7,025 [FN1], whichever is greater; or
(II) $11,725 [FN1].
(ii)(I) The debtor's monthly expenses shall be the debtor's applicable
monthly expense amounts specified under the National Standards and
Local Standards, and the debtor's actual monthly expenses for the
categories specified as Other Necessary Expenses issued by the
Internal Revenue Service for the area in which the debtor resides, as
in effect on the date of the order for relief, for the debtor, the
dependents of the debtor, and the spouse of the debtor in a joint case,
if the spouse is not otherwise a dependent. Such expenses shall
include reasonably necessary health insurance, disability insurance,
and health savings account expenses for the debtor, the spouse of the
debtor, or the dependents of the debtor. Notwithstanding any other
provision of this clause, the monthly expenses of the debtor shall not
include any payments for debts. In addition, the debtor's monthly
expenses shall include the debtor's reasonably necessary expenses
incurred to maintain the safety of the debtor and the family of the
debtor from family violence as identified under section 309 of the
Family Violence Prevention and Services Act, or other applicable
Federal law. The expenses included in the debtor's monthly expenses
described in the preceding sentence shall be kept confidential by the
court. In addition, if it is demonstrated that it is reasonable and
necessary, the debtor's monthly expenses may also include an
additional allowance for food and clothing of up to 5 percent of the
food and clothing categories as specified by the National Standards
issued by the Internal Revenue Service.
(II) In addition, the debtor's monthly expenses may include, if
applicable, the continuation of actual expenses paid by the debtor that
are reasonable and necessary for care and support of an elderly,
chronically ill, or disabled household member or member of the
debtor's immediate family (including parents, grandparents, siblings,
children, and grandchildren of the debtor, the dependents of the
debtor, and the spouse of the debtor in a joint case who is not a
dependent) and who is unable to pay for such reasonable and
necessary expenses.
(III) In addition, for a debtor eligible for chapter 13, the debtor's
monthly expenses may include the actual administrative expenses of
administering a chapter 13 plan for the district in which the debtor
resides, up to an amount of 10 percent of the projected plan
payments, as determined under schedules issued by the Executive
Office for United States Trustees.
(IV) In addition, the debtor's monthly expenses may include the actual
expenses for each dependent child less than 18 years of age, not to
exceed $1,775 [FN1] per year per child, to attend a private or public
elementary or secondary school if the debtor provides documentation
of such expenses and a detailed explanation of why such expenses
are reasonable and necessary, and why such expenses are not
already accounted for in the National Standards, Local Standards, or
Other Necessary Expenses referred to in subclause (I).
(V) In addition, the debtor's monthly expenses may include an
allowance for housing and utilities, in excess of the allowance
specified by the Local Standards for housing and utilities issued by the
Internal Revenue Service, based on the actual expenses for home
energy costs if the debtor provides documentation of such actual
expenses and demonstrates that such actual expenses are reasonable
and necessary.
(iii) The debtor's average monthly payments on account of secured
debts shall be calculated as the sum of--
(I) the total of all amounts scheduled as contractually due to secured
creditors in each month of the 60 months following the date of the
petition; and
(II) any additional payments to secured creditors necessary for the
debtor, in filing a plan under chapter 13 of this title, to maintain
possession of the debtor's primary residence, motor vehicle, or other
property necessary for the support of the debtor and the debtor's
dependents, that serves as collateral for secured debts;
divided by 60.
(iv) The debtor's expenses for payment of all priority claims (including
priority child support and alimony claims) shall be calculated as the
total amount of debts entitled to priority, divided by 60.
11 U.S.C.A. § 707
Means Test
2)(A)(i) In considering under paragraph (1) whether the granting of
relief would be an abuse of the provisions of this chapter, the court
shall presume abuse exists if the debtor's current monthly income
reduced by the amounts determined under clauses (ii), (iii), and (iv),
and multiplied by 60 is not less than the lesser of--
(I) 25 percent of the debtor's nonpriority unsecured claims in the case,
or $7,025 [FN1], whichever is greater; or
(II) $11,725 [FN1].
(ii)(I) The debtor's monthly expenses shall be the debtor's applicable
monthly expense amounts specified under the National Standards and
Local Standards, and the debtor's actual monthly expenses for the
categories specified as Other Necessary Expenses issued by the
Internal Revenue Service for the area in which the debtor resides, as
in effect on the date of the order for relief, for the debtor, the
dependents of the debtor, and the spouse of the debtor in a joint case,
if the spouse is not otherwise a dependent. Such expenses shall
include reasonably necessary health insurance, disability insurance,
and health savings account expenses for the debtor, the spouse of the
debtor, or the dependents of the debtor. Notwithstanding any other
provision of this clause, the monthly expenses of the debtor shall not
include any payments for debts. In addition, the debtor's monthly
expenses shall include the debtor's reasonably necessary expenses
incurred to maintain the safety of the debtor and the family of the
debtor from family violence as identified under section 309 of the
Family Violence Prevention and Services Act, or other applicable
Federal law. The expenses included in the debtor's monthly expenses
described in the preceding sentence shall be kept confidential by the
court. In addition, if it is demonstrated that it is reasonable and
necessary, the debtor's monthly expenses may also include an
additional allowance for food and clothing of up to 5 percent of the
food and clothing categories as specified by the National Standards
issued by the Internal Revenue Service.
(II) In addition, the debtor's monthly expenses may include, if
applicable, the continuation of actual expenses paid by the debtor that
are reasonable and necessary for care and support of an elderly,
chronically ill, or disabled household member or member of the
debtor's immediate family (including parents, grandparents, siblings,
children, and grandchildren of the debtor, the dependents of the
debtor, and the spouse of the debtor in a joint case who is not a
dependent) and who is unable to pay for such reasonable and
necessary expenses.
(III) In addition, for a debtor eligible for chapter 13, the debtor's
monthly expenses may include the actual administrative expenses of
administering a chapter 13 plan for the district in which the debtor
resides, up to an amount of 10 percent of the projected plan
payments, as determined under schedules issued by the Executive
Office for United States Trustees.
(IV) In addition, the debtor's monthly expenses may include the actual
expenses for each dependent child less than 18 years of age, not to
exceed $1,775 [FN1] per year per child, to attend a private or public
elementary or secondary school if the debtor provides documentation
of such expenses and a detailed explanation of why such expenses
are reasonable and necessary, and why such expenses are not
already accounted for in the National Standards, Local Standards, or
Other Necessary Expenses referred to in subclause (I).
(V) In addition, the debtor's monthly expenses may include an
allowance for housing and utilities, in excess of the allowance
specified by the Local Standards for housing and utilities issued by the
Internal Revenue Service, based on the actual expenses for home
energy costs if the debtor provides documentation of such actual
expenses and demonstrates that such actual expenses are reasonable
and necessary.
(iii) The debtor's average monthly payments on account of secured
debts shall be calculated as the sum of--
(I) the total of all amounts scheduled as contractually due to secured
creditors in each month of the 60 months following the date of the
petition; and
(II) any additional payments to secured creditors necessary for the
debtor, in filing a plan under chapter 13 of this title, to maintain
possession of the debtor's primary residence, motor vehicle, or other
property necessary for the support of the debtor and the debtor's
dependents, that serves as collateral for secured debts;
divided by 60.
(iv) The debtor's expenses for payment of all priority claims (including
priority child support and alimony claims) shall be calculated as the
total amount of debts entitled to priority, divided by 60.
11 U.S.C.A. § 707
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Magyar, Rauch & Thie, PLLC
326 E 6th
Moscow, Idaho 83843
208 882 1906
326 E 6th
Moscow, Idaho 83843
208 882 1906