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seattle bankrupcty lawyer chapter 7 and 13 Timothy Wilson

New Washington Bankruptcy Law

The new Washington bankruptcy law started on October 17, 2005. The new law makes filing bankruptcy  in Washington more difficult, but attentive clients are still doing fine. Here are the latest on the requirements. It is very important to comply strictly with each requirement in order to have a successful bankruptcy. But as long as you stay on top of the details, the new requirements are very manageable.

Jurisdiction & Exemptions

If you have lived in Washington for the last 730 days (two years), great; you are fine. If you have not lived in Washington for the last 730 days, your exemptions would be based on where you lived 180 days prior to the last 730 days. If you have not lived in Washington for the last 730 days, let me know & we can see which exemptions would apply in your case and whether bankruptcy is feasible for you.

Income (Means Test)

Check your total household income against the chart below. You must include all household income including wages for a non-filing spouse, social security to anyone in your household, child support and all other income. If your household income is below the state median listed below you have a much better chance of a successful Chapter 7 bankruptcy. If your income exceeds the state median income the means test applies and we would need to examine your expenses to see if you are eligible for a Chapter 7 bankruptcy.  This is a complex test, and the advice of an attorney practicing bankruptcy law is highly recommended.


 

 

Washington Annual Median Income

1 Person

$43,891

2 People

$54,044

3 People

$59,732

4 People

$73,259

(add $6300 for each additional household member)

Income (Prior Six Months)

The new bankruptcy law considers your six-month average income at the time of filing. This can be a problem if your income was well above median recently but has just dropped. In any case, if you have had a major income drop within the past six months, we need to discuss it when you come in.

Class #1 - Credit Counseling Certificate

(Must be done before filing., except under very limited situations)
You must complete a credit counseling class prior to filing bankruptcy. You can take the class online or on the telephone if you wish and it costs approximately $50. See the list of approved agencies below.

Correct Creditor Addresses & Account Numbers

The new bankruptcy law requires that you give notice to creditors at the address that appears on your bills. You must bring all your bills to the office so that we can properly notify each creditor and include the account number. If you do not have your bills, you should pull a complete credit report including all creditor addresses at www.equifax.com.

Pay Stubs from Work

We have to file copies of your pay stubs from work covering the last 60 days. If you have lost a pay stub you can ask your employer for another copy. If you do not receive pay stubs you may be able to go online with your employer and print something off showing gross wages, deductions, net income etc. If you do not receive wages, it may be possible to complete an affidavit to that effect.

Most Recent tax returns

You must bring copies of your most recent state and federal tax returns to my office so I can provide those to the trustee. If you have past due taxes, you should go ahead and file them before filing your bankruptcy. Taxes are not past due until April 16th.  If you filed federal tax returns but do not have copies, I am able to request a transcript of the recent federal tax returns for the fee charged to my office ($19.95).

Class #2 - Financial Management Certificate

(Must be done after the bankruptcy filing but before the bankruptcy discharge)
After your bankruptcy is filed you must take the second class on financial management. Again, you can take this online or on the phone and it costs approximately $50.  See list of authorized providers below.

Divorce & Back Child Support Debt

If you owe money ordered paid in a divorce decree or back child support, it is not discharged in bankruptcy. The trustee can also sell your exempt property to pay off your back child support under the new law, so we will need to discuss any back child support that you may owe.

Creditors Meeting Requirements

You must bring a government issued photo ID (drivers license is best) and your social security card or proof of social security number such as a W2 or tax return. You also must bring your most recent check stub from work (you will have received this after filing your bankruptcy) and copies of the most recent statement on each of your bank accounts.

Don’t be Alarmed

A successful bankruptcy is more challenging than it used to be but it can be done! If you are conscientious, we have a very good chance of getting your case through successfully. If I don’t think your case will succeed, I will tell you up front

Approved Credit Counseling Providers (Class #1)

Warning- You must take this class before your bankruptcy is filed, otherwise your case will be dismissed. You should go ahead and take this class before coming to my office & bring your certificate with you when you come to see me.

WAW – Western District of Washington (includes Western Washington)

Best Credit Services, Inc.
2500 McCain Blvd., Suite 206
North Little Rock, AR 72116
501-753-1157
www.bestcs.org
In Person (not available in all judicial districts), Telephonic and Internet


ClearPoint Financial Solutions, Inc.
8000 Franklin Farms Drive
Richmond, VA 23229
877-422-9046
www.clearpointfinancialsolutions.org
In Person and Telephonic


Consumer Credit Counseling Service of Greater Atlanta Inc.
100 Edgewood Avenue
Suite 1800
Atlanta, GA 30303
800-251-2227
www.cccsinc.org
In Person (not available in all judicial districts), Telephonic and Internet


Consumer Credit Counseling Service of the Tri - Cities, Inc.
401 N. Morain
Kennewick, WA 99336
800-201-2181
www.cccswaor.org
In Person and Telephonic


Consumer Credit Counseling Services of San Francisco
150 Post Street, 5th Floor
San Francisco, CA 94108
800-777-7526
www.cccsf.org
In Person (not available in all judicial districts), Telephonic and Internet


Credit Advisors Foundation
1818 South 72nd Street
Omaha, NE 68124
800-942-9027
www.creditadvisors.org
In Person (not available in all judicial districts), Telephonic, and Internet


Credit Counseling Centers of America
9330 LBJ Freeway
Suite 900
Dallas, TX
75379-8039
800-493-2222
www.cccamerica.org
In Person (not available in all judicial districts), Telephonic and Internet


Debt Reduction Services, Inc.
6213 N. Cloverdale Road; Suite 100
Boise, ID 83713
877-688-3328 x704
www.debtreductionservices.org
In Person (not available in all judicial districts), Telephonic and Internet


Garden State Consumer Credit Counseling, Inc.
225 Willowbrook Road
Freehold, NJ 07728
877-892-4557
www.novadebt.org
In Person (may not be available in all judicial districts) & Telephonic


GreenPath, Inc.
38505 Country Club Drive, Suite 210
Farmington Hills, MI 48331-3429
800-630-6718
www.greenpathbk.com
In Person (not available in all judicial districts), and Telephonic


Hummingbird Credit Counseling and Education, Inc.
3737 Glenwood Avenue
Suite 100-106
Raleigh, NC 27612
800-645-4959
www.hbcce.org
Telephonic & Internet


Institute for Financial Literacy, Inc.
449 Forest Avenue
Suite 12
Portland, ME 04101
866-662-4932
www.financiallit.org
Telephonic & Internet


Money Management International Inc.
9009 West Loop South
7th Floor
Houston, TX 77096-1719
877-918-2227
www.moneymanagement.org
In Person (not available in all judicial districts), Telephonic and Internet


Springboard Nonprofit Consumer Credit Management Inc.
4351 Latham Street
Riverside, CA 92501
800-947-3752
www.credit.org
In Person (not available in all judicial districts), Telephonic


Approved Financial Management Class Providers (Class #2)
Warning- You cannot take this second class until after your bankruptcy is filed, otherwise your certificate will be rejected.
WAW – Western District of Washington


American Debt Solutions, Inc.
3075 S. Federal Hwy
Delray Beach, FL 33483
800-246-4019
www.adshq.org
In Person (not available in all judicial districts), and Telephonic


Black Hills Children's Ranch, Inc.
1644 Concourse Drive
Rapid City, SD 57703
800-888-1596
www.pioneercredit.com
In Person (may not be available in all judicial districts) & Telephonic


Consumer Credit Counseling Service of Greater Atlanta, Inc.
100 Edgewood Avenue
Suite 1800
Atlanta, GA 30303
866-672-2227
www.cccsinc.org
In Person (not available in all judicial districts) & Internet


Consumer Credit Counseling Service of San Francisco
150 Post Street, 5th Floor
San Francisco, CA 94108
800-777-7526
www.yournextmove.org
In Person (may not be available in all judicial districts), Telephonic, and Internet


Consumer Credit Counseling Service of the Tri-Cities, Inc.
401 N. Morain
Kennewick, WA 99336
800-201-2181
www.cccswaor.org
In Person


Consumer Credit Counseling Service of Yakima Valley
1115 West Lincoln Avenue
Suite 119
Yakima, WA 98902
800-273-6897
www.cccsyakima.org
In Person


Consumer Education and Training Services
1200 Fifth Avenue
Suite 600
Seattle, WA 98101
206-267-7017
www.centsprogram.com
In Person


Dave Ramsey's Abridged Financial Peace University-Bankruptcy Edition
The Lampo Group, Inc.
1749 Mallory Lane
Brentwood, TN 37027
888-227-3223
www.bankruptcy.daveramsey.com
Internet


GreenPath Debt Solutions
38505 Country Club Drive, Suite 210
Farmington Hills, MI 48331-3429
800-630-6718
www.greenpathbk.com
In Person (may not be available in all judicial districts), and Telephonic


InCharge Education Foundation, Inc.
2101 Park Center Drive
Suite 310
Orlando, FL 32835
866-729-0049
www.personalfinanceeducation.com


Internet Institute for Financial Literacy
449 Forest Avenue
Suite 12
Portland, ME 04101
866-662-4932
www.financiallit.org
Telephonic and Internet


Kitsap Legal Services
920 Park Avenue
Bremerton, WA 98337
360-479-6125
www.kitsaplegalservices.org
In Person


Money Management International, Inc.
9009 West Loop South, 7th Floor
Houston, TX 77096-1719
866-745-2227
www.moneymanagement.org
In Person (not available in all judicial districts), Telephonic and Internet


Novadebt
225 Willowbrook Road
Freehold, NJ 07728
866-254-2660
www.novadebt.org
In Person (may not be available in all judicial districts), and Telephonic



Law Offices of Timothy J. Wilson
T: (206) 381-3210 or (253) 874-5826
Seattle, Washington
tsw@timwilsonlaw.com