Abuse is presumed if the debtor's current monthly income over 5 years, net of certain statutorily allowed expenses and secured debt payments, is not less than the lesser of (i) 25% of the debtor's nonpriority unsecured debt, or $9,075, whichever is greater, or (ii)$15,150. If the debtor's "current monthly income" is more than the state median, the Bankruptcy Code requires application of a "means test" to determine whether the chapter 7 filing is presumptively abusive. Moreover, the court may dismiss a chapter 7 case filed by an individual whose debts are primarily consumer rather than business debts if the court finds that the granting of relief would be an abuse of chapter 7. A particular advantage of chapter 13 is that it provides individual debtors with an opportunity to save their homes from foreclosure by allowing them to "catch up" past due payments through a payment plan. In addition, individual debtors who have regular income may seek an adjustment of debts under chapter 13 of the Bankruptcy Code. Sole proprietorships may also be eligible for relief under chapter 13 of the Bankruptcy Code. Under chapter 11, the debtor may seek an adjustment of debts, either by reducing the debt or by extending the time for repayment, or may seek a more comprehensive reorganization. Such debtors should consider filing a petition under chapter 11 of the Bankruptcy Code. For example, debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. Proposed Changes to Code and JC&D Rulesĭebtors should be aware that there are several alternatives to chapter 7 relief.Confidentiality Regulations for Pretrial Services Information.Privacy Policy for Electronic Case Files.Special Projects of the Rules Committees.Preliminary Drafts of Proposed Rule Amendments.Congressional and Supreme Court Rules Packages.Permitted Changes to Official Bankruptcy Forms.Open Meetings and Hearings of the Rules Committee.How to Submit Input on a Pending Proposal.How to Suggest a Change to Federal Court Rules and Forms.Laws and Procedures Governing the Work of the Rules Committees.Proposed Amendments Published for Public Comment.Pending Changes in the Bankruptcy Forms.Long Range Plan for Information Technology.Judiciary Conferences That Cost More Than $100,000.Journalist’s Guide to the Federal Courts.Statistical Tables for the Federal Judiciary.Electronic Public Access Public User Group.Transfer of Excess Judiciary Personal Property.National Court Interpreter Database (NCID) Gateway.Federal Court Interpreter Certification Examination.Judicial Panel on Multidistrict Litigation Fees.Archives of the Committee on Judicial Conduct and Disability.FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge.Roadways to the Bench: Who Me? A Bankruptcy or Magistrate Judge?.Chronological History of Authorized Judgeships - District Courts.Chronological History of Authorized Judgeships - Courts of Appeals.Fact Sheet for Workplace Protections in the Federal Judiciary.Director of Workplace Relations Contacts by Circuit.Administrative Oversight and Accountability.Application for Owner-Occupancy Tax Credit (DTE105c)Ĭlick here to download Adobe Reader App to view these forms.Affidavit of Surviving Spouse or Joint Survivor Form. Affidavit for Transfer & Record of Real Estate Inherited Form.Statement of Reason for Exemption from Real Property Conveyance Fee (DTE 100 EX).Real Property Conveyance Fee Statement of Value and Receipt (DTE 100).Transfer on Death Designation Affidavit.Residential Rental Property Disclosure Form.(for peace officers, prosecuting attorneys, assistant prosecuting attorneys, correctional employees, firefighters, parole officers, youth service employees, EMTs)
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