PULLMAN WA BANKRUPTCY
IMPORTANT PULLMAN WASHINGTON BANKRUPTCY EXEMPTIONS
Washington State Bankruptcy Exemption Statutes
Except as provided in RCW 6.15.050, the following personal property shall be exempt from execution, attachment, and garnishment:
(1) All wearing apparel of every individual and family, but not to exceed one thousand dollars in value in furs, jewelry, and personal ornaments
for any individual.
(2) All private libraries of every individual, but not to exceed fifteen hundred dollars in value, and all family pictures and keepsakes.
(3) To each individual or, as to community property of spouses maintaining a single household as against a creditor of the community, to the
community:
(a) The individual's or community's household goods, appliances, furniture, and home and yard equipment, not to exceed two thousand seven
hundred dollars in value for the individual or five thousand four hundred dollars for the community, said amount to include provisions and fuel
for the comfortable maintenance of the individual or community;
(b) Other personal property, except personal earnings as provided under RCW 6.15.050(1), not to exceed two thousand dollars in value, of
which not more than two hundred dollars in value may consist of cash, and of which not more than two hundred dollars in value may consist of
bank accounts, savings and loan accounts, stocks, bonds, or other securities;
(c) For an individual, a motor vehicle used for personal transportation, not to exceed two thousand five hundred dollars or for a community two
motor vehicles used for personal transportation, not to exceed five thousand dollars in aggregate value;
(d) Any past due, current, or future child support paid or owed to the debtor, which can be traced;
(e) All professionally prescribed health aids for the debtor or a dependent of the debtor; and
(f) To any individual, the right to or proceeds of a payment not to exceed sixteen thousand one hundred fifty dollars on account of personal
bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a
dependent; or the right to or proceeds of a payment in compensation of loss of future earnings of the debtor or an individual of whom the
debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. The exemption
under this subsection (3)(f) does not apply to the right of the state of Washington, or any agent or assignee of the state, as a lienholder or
subrogee under RCW 43.20B.060.
(4) To each qualified individual, one of the following exemptions:
(a) To a farmer, farm trucks, farm stock, farm tools, farm equipment, supplies and seed, not to exceed five thousand dollars in value;
(b) To a physician, surgeon, attorney, clergyman, or other professional person, the individual's library, office furniture, office equipment and
supplies, not to exceed five thousand dollars in value;
(c) To any other individual, the tools and instruments and materials used to carry on his or her trade for the support of himself or herself or
family, not to exceed five thousand dollars in value.
For purposes of this section, "value" means the reasonable market value of the debtor's interest in an article or item at the time it is selected for
exemption, exclusive of all liens and encumbrances thereon.
(5) Tuition units, under chapter 28B.95 RCW, purchased more than two years prior to the date of a bankruptcy filing or court judgment.
Washington State Bankruptcy Exemption Statutes
Except as provided in RCW 6.15.050, the following personal property shall be exempt from execution, attachment, and garnishment:
(1) All wearing apparel of every individual and family, but not to exceed one thousand dollars in value in furs, jewelry, and personal ornaments
for any individual.
(2) All private libraries of every individual, but not to exceed fifteen hundred dollars in value, and all family pictures and keepsakes.
(3) To each individual or, as to community property of spouses maintaining a single household as against a creditor of the community, to the
community:
(a) The individual's or community's household goods, appliances, furniture, and home and yard equipment, not to exceed two thousand seven
hundred dollars in value for the individual or five thousand four hundred dollars for the community, said amount to include provisions and fuel
for the comfortable maintenance of the individual or community;
(b) Other personal property, except personal earnings as provided under RCW 6.15.050(1), not to exceed two thousand dollars in value, of
which not more than two hundred dollars in value may consist of cash, and of which not more than two hundred dollars in value may consist of
bank accounts, savings and loan accounts, stocks, bonds, or other securities;
(c) For an individual, a motor vehicle used for personal transportation, not to exceed two thousand five hundred dollars or for a community two
motor vehicles used for personal transportation, not to exceed five thousand dollars in aggregate value;
(d) Any past due, current, or future child support paid or owed to the debtor, which can be traced;
(e) All professionally prescribed health aids for the debtor or a dependent of the debtor; and
(f) To any individual, the right to or proceeds of a payment not to exceed sixteen thousand one hundred fifty dollars on account of personal
bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a
dependent; or the right to or proceeds of a payment in compensation of loss of future earnings of the debtor or an individual of whom the
debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. The exemption
under this subsection (3)(f) does not apply to the right of the state of Washington, or any agent or assignee of the state, as a lienholder or
subrogee under RCW 43.20B.060.
(4) To each qualified individual, one of the following exemptions:
(a) To a farmer, farm trucks, farm stock, farm tools, farm equipment, supplies and seed, not to exceed five thousand dollars in value;
(b) To a physician, surgeon, attorney, clergyman, or other professional person, the individual's library, office furniture, office equipment and
supplies, not to exceed five thousand dollars in value;
(c) To any other individual, the tools and instruments and materials used to carry on his or her trade for the support of himself or herself or
family, not to exceed five thousand dollars in value.
For purposes of this section, "value" means the reasonable market value of the debtor's interest in an article or item at the time it is selected for
exemption, exclusive of all liens and encumbrances thereon.
(5) Tuition units, under chapter 28B.95 RCW, purchased more than two years prior to the date of a bankruptcy filing or court judgment.
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
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
Magyar, Rauch & Thie, PLLC
326 E 6th
Moscow, Idaho 83843
208 882 1906
326 E 6th
Moscow, Idaho 83843
208 882 1906
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