Health Care Legislation in Idaho Falls

Idaho medical care law covers an extensive spectrum from HIPPA through medical negligence claims. The medical occupation is one of the most highly regulated professions. Privacy issues, emergency care, security issues, insurance concerns, Medicare and Medicaid regulations, anti-trust, and other issues make the practice of providing health care difficult and paper intensive. The Idaho attorneys at Thomsen Holman Wheiler PLLC are familiar with Health Care Law in Idaho Falls and with many of the problems that face health care providers. For those who have questions or concerns regarding health care law, please call us at (208) 522-1230.


The first section highlights the pre-litigation screening process in Idaho and the issues that may be experienced during or as a result of that process. The second section will be reviewed later.

Section 1: The Pre-Litigation Screening Process

In 1976, Idaho adopted the Medical Malpractice Act and demanded that certain things take place before lawsuits could be pursued against physicians, surgeons, or licensed acute care general hospitals operating in Idaho. Idaho Code: 6-101-6-1013 sets forth the specifications for medical malpractice claims.


The first thing that the Medical Malpractice Act established was a technique of conducting a hearing on all alleged claims of malpractice against physicians, surgeons, and hospitals. A hearing panel follows a process for pre-suit consideration of claims for damages arising out of the failure to provide proper hospital or medical care. Compliance with the Medical Malpractice Act is obligatory. However, the results of the pre-litigation panel are informal and non-binding.


The hearing panel includes a physician licensed to practice medicine in the state of Idaho. Usually this physician has special knowledge of the field which is at concern in the pending claim. If a hospital is involved, a hospital administrator is another member of the panel. There's always a panel member who is a lay person from the community and a panel member who is an attorney licensed to practice law in the state of Idaho. The attorney is the panel chairman.


There isn't any record kept of the hearing or any documents or records filed with the panel. Evidence, documents, and exhibits that are utilized in the proceeding are either returned to the parties after the proceeding or destroyed. By statute, the hearing panel does have authority, at the appropriate interval, to issue subpoenas and to administer oaths and tender witness fees and mileage.


The panel hears data that comes from the lawyers, in summary form or from witnesses. The rules of evidence do not apply. At the end of the proceedings, the panel details a report. The reports show whether the matter appears to be frivolous, meritorious or any other particular description. The panel, if unanimous, can offer a non-binding opinion as to an amount of money in damages that it thinks should be fairly offered or accepted in settlement.


The actual pre-litigation process necessitates the claimant to serve on the accused healthcare provider a true copy of the claim, which should be in writing and which sets forth in general terms when, where, and under what circumstances the healthcare under consideration was in improperly provided. The claimant offers the State Board of Medicine with the original complaint along with the names and addresses of the healthcare practitioners who are the subject of the complaint.


Preparation is the definite key to pre-litigation screening success for either claimants or defendants.

A Handful of Insurance Disputes in Idaho Falls

If you have an Insurance Dispute in Idaho Falls, consider the Idaho Falls law firm of Thomsen Holman Wheiler PLLC. We have significant expertise representing individuals, businesses, and insurance companies on many insurance matters including coverage issues. Many individuals don't realize the nature of the insurance that they or others carry that may effect them. This is a brief description of only a couple of the insurance products that are generally used. This information is for general background purposes only and is not intended to be legal advice:

Homeowner's Insurance

Everyone who owns a home ought to carry homeowner's insurance. The standard homeowner's insurance policy will provide money that can help pay for repairing or rebuilding the home if it's damaged by fire and some other destructive events. Additionally, most homeowner's policies provide money to help pay for damage to personal property belonging to the homeowner. Generally, items with special value, for example jewelry or works of art are either not covered or the dollar amount of coverage is quite low, unless you pay extra to insure such things. Titled vehicles, for example automobiles, even if they are housed in a garage, are usually not covered under a homeowner's policy, if they're destroyed or damaged by fire.


Furthermore, most homeowner's policies provide liability protection to the homeowner for the homeowner's carelessness. For instance, if a homeowner has a dangerous condition on his property that injures another person due to the homeowner's negligence, the homeowner's policy would hire an Idaho Falls lawyer to defend the homeowner if there was a lawsuit, and would pay any judgment against the homeowner up the policy limit. Quite often the homeowner's policy will even provide medical payments coverage. This could provide coverage for medical bills to anybody who is not a member of the homeowner's household who may become injured on the homeowner's premises, whether or not the homeowner was negligent. There is always a restriction on the amount of medical bills that will be paid.

Renter's Insurance

An individual who doesn't own a home but who rents from another person will frequently carry renter's insurance that insures the renter's personal property against loss by fire, theft, etc. Some of the same considerations for renter's insurance as those mentioned previously in homeowner's might apply regarding jewelry, works of art, etc. Most renter's policies offer liability protection for the owner of the policy much like homeowner's.



Call Thomsen Holman Wheiler PLLC to help solve your case. Each Idaho Falls lawyer is equipped with the skills you need.

The Advantages of Hiring a Competent Law Firm in Idaho to Take Care of Your Case

The society has really become very litigious. Whether you are doing corporate business or handling personal issues, you need the help of a qualified lawyer to ensure that you are operating within the set legal limits. It's, therefore, advised that you should have a professional law firm such as Thomsen Holman Wheiler PLLC on retainer to carry out all your personal and corporate transactions and legal issues. Here are some of the benefits you will get from hiring these Idaho Falls Law experts.

Law Idaho Falls Experts Give All Round Representation

THW Idaho Falls handles a broad array of legal issues ranging from all kinds of personal injury, family law, estate planning, social security disability, criminal cases, bankruptcy, and employment disputes. If you have hired Law Thomsen Holman Wheiler PLLC on a retainer basis, you are assured that whatever THW Law issue comes your way will be handled properly.

Competent Lawyers in All Fields

Thomsen Holman Wheiler PLLC Law is a company that has been operating within the last few decades. They often take time to vet all new lawyers joining their team, and make certain that THW Law only retains competent attorneys. Thomsen Holman Wheiler PLLC attorneys are accountable, hardworking, and dedicated to success in their cases and also the overall success of their company. Along with skills in gathering evidence and litigating, they are also conscious of situations where they are needed to offer emotional support to their clients, particularly those who handle family law.

Law Idaho Falls Experts Believe in Integrity and Accountability

Law Thomsen Holman Wheiler PLLC cherishes integrity more than any other value. Law THW experts realize that without integrity and complete accountability, the standard of their services will be compromised. The Idaho Falls Law always make an effort to ensure that all their clients are treated with justice and fairness.

Timely Response to Cases

People say that justice delayed is nearly justice denied. The team at THW Law believes in a quick turnaround to the cases that are brought to them. If you need a fast settlement of an injury case, even before it gets to litigation, Law THW is the experts to consider.


There are several reasons behind the amount of trust that has been bestowed upon the Thomsen Holman Wheiler PLLC Law firm. Once you contact THW Idaho Falls, you are assured that all your best interests will be represented. You'll be able to contact them through the Thomsen Holman Wheiler PLLC website.

Criminal Law Along With Idaho Falls THW

Take The Time with a Criminal Attorney Who Can Help Defend Your Case

If you've a short while ago been arrested for a crime, it's possible you'll wonder what a criminal defense attorney at Thomsen Holman Wheiler can accomplish for you. Well, to begin, an attorney at Thomsen Holman Wheiler PLLC might help someone facing a single misdemeanor or multiple felonies. People with experience of criminal Idaho Falls law can help their clients because they understand the ins and outs of the criminal law, and may offer their expert opinions and assistance on their client's situation. Below are some factors why you will reap the benefits of an attorney experienced in law Thomsen Holman Wheiler PLLC.

When Is Retaining an Attorney Necessary?

One of the largest situations where retaining a lawyer from Thomsen Holman Wheiler is crucial is when you are facing at least one felony charge. The THW Law Firm agrees that whether or not the charge is a minor felony in the eyes of the law Idaho Falls, an attorney from the THW Law Firm ought to be consulted. Sometimes, Idaho Falls law states that a plea bargain can be offered by the prosecutor to be able to help manage the courtroom's cases. Somebody who is not experienced with the legal system makes the courtroom flow faster. A person who doesn't know much about the criminal law may accept a plea bargain but still assess a felony on their record. Experience with the law, Thomsen Holman Wheiler can help you avoid this type of situation.


A lawyer at Law THW can examine someone's case and perhaps have the felony charges reduced to misdemeanors. Experienced attorneys in the law Idaho Falls may also have the ability to have the charges thrown out altogether.

When Is Hiring an Attorney Not Necessary?

Truthfully, a lawyer from Law Thomsen Holman Wheiler PLLC will help you with any legal situation you might be facing in a courtroom; anything from a minor traffic infraction to a felony. However, sometimes it's not required to spend big money on an attorney if the defendant knows the evidence is irrefutable. However, a lawyer experienced in law Thomsen Holman Wheiler may help your case, trying to get leniency from the judge. If you're a person who simply made a bad decision, the judge will likely cut you some slack. Without a lawyer, you might end up taking a plea bargain and end up with years of probation, while a legal professional in Law THW could supply you with a better outcome.


In case you have found yourself facing a criminal charge, regardless of how minor or serious, it is best to sit down with an experienced lawyer at Thomsen Holman Wheiler PLLC. Don't feel like you need to go this alone.

Intellectual Property and Real Estate together with Idaho Falls Law

If you want an Idaho Falls law team that understands the ins and outs of intellectual property and real estate, the legal firm of Thomsen Holman Wheiler, PLLC is your best choice. THW PLLC understand the complexities of the intellectual property law Idaho Falls and are prepared to help always.

Service Mark or Trade Mark Law Idaho Falls

A trademark is a design, symbol, or words give your business an identity as well as protects your invention from the competition or copycats. Registering a trademark prevents the theft of an invention which requires a lot of effort, finances, and time to develop. The Law Offices of Thomsen Holman Wheiler, PLLC, Idaho Falls, can help you defend your mark from the individuals who might want to infringe on your business.

Idaho Falls Law Team for Intellectual Property in Real Estate

Real estate buildings have unique characteristics, names, addresses, and unique architectural designs. Attorney Idaho Falls can draft and register the distinguished identity and iconic image. The registration can forestall the damages that occur when someone else decides to trade in a similar real estate image or name.

Copyright the Architectural Plans with THW Law Professionals

Copyright conflicts can arise from other practicing real estate designers if you don't register yourself as the owner or a particular architectural plan. Ideally, the copyright can last the architect's lifetime an additional 70 years.

Law THW and IP Address of Real Estate Assets

The registration of the real estate property features and the intangible characteristics, like the IP address, gives you the complete rights to the revenue generated in the building. The IP address provides further security from the real estate portfolio value infringement.

Trademarks and Logos

An attorney Idaho Falls offer guidance on the best way to secure the ownership of names, nick names, and brand logos. If you produce a catchy name, you'll want to make sure that no pre-existing trademark conflicts with the name you want to register. Registering distinctive real estate trademarks is essential to third party investors, real estate agents, and buyers too.

Idaho Falls Attorney for Real Estate Design Rights

Your building design should be novel, possess unique shapes, or have individual features to be eligible for a intellectual property and registered design. Whether you intend to have a trademarked commercial or residential, the expertise of a law THW Idaho Falls attorney will allow you to overcome the intellectual property registration hurdles. The THW law legal team services include drafting of real website software, consulting agreements, websites, patent licenses, development agreements.

Job Law in Idaho Falls

Thomsen Holman Wheiler, PLLC, is the one Idaho Falls attorney for help.

Employment Law in Idaho Falls and all of Idaho is necessary because Idaho is definitely an "employment at will" state. Which means that, in most cases, an employee could be discharged by his or her employer anytime without any reason, and the employer will incur no legal liability. At the same time, an employee can quit his or her employment at any time, for whatever reason, without incurring legal liability, even if this means leaving his or her employer in a real bind. This really is all part of our underlying freedom of association. ("Employment at will" isn't to be confused with "right to work." Idaho also is a "right to work" state, but this means that an employee can't be forced to join a union to be able to work for a given employer.)



Although employment at will may be the law of Idaho (and many other states), there are many important exceptions. For instance, an employee can't be fired or demoted, nor can an employer decline to hire someone, for a reason that is discriminatory. Federal law, including Idaho law, forbid discrimination in employment based on race, gender, religion, national origin, age and disability. Under the Age Discrimination in Employment Act for instance, if you are over 40 years of age, your employer cannot fire you or demote you, after which replace you with someone substantially younger, due to the fact you are too old. Within the Americans with Disabilities Act, if you have a hearing, vision, speech or other impairment, an employer cannot fire you, neglect to promote you or refuse to hire you merely because of that impairment. The employer must supply you with a reasonable accommodation if at all possible.



The Idaho Supreme Court has decided that employers cannot fire an employee for factors which infringe public policy. For instance, if you're injured on the job and file a worker's compensation claim, you can't be fired for doing this. If you "blow the whistle" on an employer's illegal conduct, you can't be fired for doing this either.



The Idaho Supreme Court has additionally stated that each employment contract contains an implied covenant of good faith and fair dealing. In case your employer fires you for taking sick leave or vacation time that you simply are entitled to, then this can be a breach of the implied covenant of good faith and fair dealing. If your employer fires you shortly before your retirement benefits vest, simply to ensure the employer to keep your retirement benefits for himself, then this might be a breach of the implied covenant of good faith and fair dealing.



Thus, despite the fact that law Idaho is an employee at will state, each employee has aright to fair treatment and to be free from discrimination. If you think that you've been discriminated against in your employment, you need to contact a employment lawyer in Idaho to go over your rights.

Why Involve a Lawyer in Your Case

Our country is among the most litigious societies in the world. With time, problems that used to get simple out of court settlements are finding their way into the courtroom. Therefore, it is important to make certain that regardless if you are carrying out business transactions, or you have a pending court case of any type, you've got a competent Idaho Falls law attorney representing you. The expertise of THW Law attorneys are particularly significant when confronted with wills and estate plans. Listed below are some of the top reasons to hire a lawyer as well as the benefits that come from getting THW Law attorneys.

Estate planning assistance from Thomsen Holman Wheiler PLLC

The wise plan their lives knowing very well regarding their mortality. If you would like the transition of property from you to your family members to be smooth in the event of anything, start speaking with Idaho Falls THW Law estate planning attorneys immediately. Idaho Falls attorney can help you draft documents including wills, power of attorney, and others that could prove useful in case you were to pass away or become incapacitated and not able to control your estate. Thomsen Holman Wheiler PLLC will also help you choose or become a guardian or custodian of your estate before your sons or daughters come of age.



Another purpose to involve the Idaho Falls THW Law lawyers is they ensure your estate goes to the appropriate beneficiaries. Unlike other individuals, lawyers are bound by the law and the documents they sign to complete the will according to your guidance and direction. The Idaho Falls attorney will uphold your final say no matter any discord following your demise. The lawyers also keep your family from participating in endless legal battles since your last will is the last word on wealth distribution.



There's also the fact that if you have an estate attorney, you can lessen the tax charged to your estate.Because of this, the beneficiaries of the said estate will manage to keep more of the money. The Idaho Falls Thomsen Holman Wheiler lawyers will also help you pick among many the individual you prefer the most to be the executor of your estate. Law Idaho Falls experts simplify the whole administration process and lower the amount of stress your loved ones have to endure when you're no longer there.



The advantages of having Idaho Falls Thomsen Holman Wheiler lawyers assist you with estate planning are countless. Take time and select a dependable and trusted Law Idaho Falls firm to take care of your real estate business. Hiring Idaho Falls law experts is the greatest way to make sure that your property gets properly distributed and that the appropriate people benefit from it.

Business and a Lawyer

Have you heard of Thomsen Holman Wheiler, PLLC? Idaho Falls, Idaho, is regarded as the populous city in the eastern half of the Gem State, estimated just slightly above 60,000 residents. Frequently shortened to "The Falls," this tourist-filled, commercially-driven city is home to the Museum of Idaho, the Zoo at Tautphaus Park, the oriental-themed Japanese Pavilion, among numerous other outdoor attractions. Seeing as commerce fuels Idaho Falls' proverbial fire, often there is a potential of Idaho Falls Law difficulty.

Every single business, whether it is large or small, a manufacturer or supplier, cash-strapped or not, ought to be prepared for cases wrought in courts of Law Idaho Falls.

Why should a business hire an attorney?

Attorneys are highly knowledgeable professionals, offering broad ranges of support. New businesses should incorporate their newfound entities to successfully safeguard against its owners' persona legal liabilities. Organizations frequently need contracts that can stand barrages of attack on behalf of suing parties in the event of promises not being completed or material prices wrongly being jacked up, requiring businesses to trust Idaho Falls THW Law.

Without legal representation on behalf of reliable firms, like Idaho Falls THW Law, businesses can face hefty monetary damages, its owners' personal assets may be targeted, and they might even be forced to shut down.

What circumstances warrant businesses' hiring an attorney?

Businesses quite often attempt to secure domain names, helping customers find their websites more easily. Likewise, organizations need to protect their business names, helping consumers effectively recognize producers and purveyors without confusion.

Entities must obtain local and state licenses to operate, procedures requiring tens, if not hundreds, of paperwork to be filed without any mistakes, warranting help from attorneys, like those at THW Law.

Approximated tax payments must be submitted quarterly by businesses to the Internal Revenue Service, in addition to annual tax returns that span their entire financial performance for the previous calendar year. Lawyers also help protect business entities in the event of IRS audits, oftentimes choosing them randomly.

Final thoughts

Every attorney and staff member at THW Law is educated, certified, and experienced in dealing with the legal trials and tribulations businesses inevitably face in regular lines of business. Even though Bonneville County is a laid-back, relaxed place to live, Idaho Falls Law is practiced every single week in county courtrooms. As such, it's essential that every business have a lawyer - better yet, an entire law firm - on duty to safeguard against cases brought in courts of Law Idaho Falls.

The Reason Why You Need An Attorney

Not every legal cases need the presence of a lawyer. For instance, disputing a speeding ticket is a trivial matter you can handle by yourself. However, you will find situations where leaving out the legal expertise and representation of an Idaho Falls law agent would spell doom for you. Although a lawyer can come at a steep price, at the end of the day it is preferable than going to jail, paying huge fines, or losing a legitimate claim. Here are a few of the main benefits you receive from hiring a Thomsen Holman Wheiler PLLC.

Interpretation of the Law

Whether it's contract or criminal law in Idaho Falls, unless you have attended law school, it might be difficult to understand the implications of certain legal terms. An Idaho Falls Attorney brings in their understanding of the law that will help you understand the ramifications of laws that affect your particular situation. Furthermore, the role of a lawyer is to apply the provisions of law in Idaho Falls to act in your favor. All of the arguments that an attorney fronts for you derive from the law.

Court Representation

As you may be permitted to represent yourself in a court of law, your odds of winning are better with Thomsen Holman Wheiler PLLC by your side. An attorney will have the ability to question and challenge the evidence supplied by the opposition to make a strong case for you. Furthermore, if you're facing serious charges, your Idaho Falls law representative will be able to have the court reduce the charges and get you a reduced sentence or other favorable terms including probation, community service, and rehabilitation.

Handling Legal Procedures

An Idaho Falls Attorney carries a good understanding for the procedures for filing court documents and handling the various facets of law in Idaho Falls. Since filing of documents ought to be done inside the statutory limitation period, you shouldn't risk having your case thrown out of court by trying to file a case by yourself. Aside from filing court documents, your attorney Idaho Falls plays a crucial role in prepping expert witnesses and sifting through all the details to find out which evidence will help your case.

Negotiating Settlement Offers

In every legal case, an excellent attorney Idaho Falls is capable of forecasting the end result. Some cases aren't worth risking a court trial. When gauging the strength of a case, your attorney definitely will advise you whether the smartest choice is to accept a settlement or plea bargain. These options are usually out of the table or hard to come by when you're handling the case without an attorney.

Idaho Falls Personal Injury Attorneys

“Personal injury” generally means a trauma to some person’s body or the mental or emotional condition of the person, because of the fault of another. Damages for personal injury may include past and future medical expenses, lost pay, lost business income, and physical, mental, and emotional suffering and pain and lack of enjoyment of life. At Thomsen Holman Wheiler, PLLC, your own Injury lawyers give your “personal injury” case personal attention.

Gavel, American Flag and Foreclosure Notice with Selective Focus

In Idaho, the fault of the defendants (the persons being sued) should be compared on the percentage basis with the fault from the plaintiff (the injured person) in resulting in the plaintiff’s injuries. For instance, a jury may find the defendant 80% to blame, along with the plaintiff 20% in the wrong. If there are multiple defendants within this example, the jury can find defendant #1 40% in the wrong, and defendant #2 40% in the wrong, along with the plaintiff 20 %. If so, when the jury finds the plaintiff may be damaged in the quantity of $100,000, the plaintiff’s verdict will be reduce by 20%, or $20,000, for the total verdict of $80,000. The entire combined fault coming from all parties involved should always equal 100%.

The statute of limitations on the personal injury claim is usually two years. (Some states have longer or shorter statutes of limitations). Because of this, you file suit within two years of injuries. If you don't, in that case your claim shall be forever barred through the statute of limitations. There'll sometimes be other time restraints you have to adhere to to be able to file a case. For instance, in case the defendant is the State of Idaho, or one of its counties, cities, or other Idaho governmental entities that are political subdivisions for the State of Idaho, even including some hospitals, you have to file a “notice of tort claim” together with the appropriate governmental representative, within 180 days of injury. If you can't achieve this, your claim might be forever barred. You need to speak to a Idaho Falls Personal Injury Lawyer soon after you've been injured if you think maybe another person is to blame.

Some Personal Injury DO’s:

Call an Idaho Falls personal injury lawyer as quickly as possible after your injury, to preserve your claim against a statute of limitations along with other time limits.

Be as detailed and accurate as you possibly can in giving an account of events to police, when there is a study of the accident. Never admit fault - that's a legal question for just a judge or jury to determine, and frequently you won't have sufficient information at the scene of the accident to understand without a doubt who's in the wrong.

Visit a doctor or any other physician as quickly as possible once you have been injured. Should you wait, the defendant’s attorney will make use of that against you.

In talking to your physician, be as detailed as feasible with your description of what happened an what your injuries and pain are. Being strong and stoic can be a good personality trait, but it will not assist your own case if you happen to understate your pain.

Follow doctor’s orders and attend every scheduled appointment. In the event you don’t, the defense attorney will take advantage of it against you. Should you do your very best to get better, the jury is often more prone to wish to assist you.

In case you have experienced a mental or emotional injury, consult a mental medical expert as quickly as possible.

Some Personal Injury DON’Ts:

Don’t admit fault.

Don’t speak with any insurance associated with the other party. Their job is to get away with paying you as low as possible. Simply refer them to your attorney, or let them know you would want to consult a Idaho Falls personal injury lawyer first.

Don’t wait to find treatments for your injuries, regardless of whether they are injuries to your body or your mental or emotional well-being.

Don’t ever lie or overstate you injuries or pain. It'll likely come back to haunt you and also harm your case later.

Bankruptcy Law in Idaho Falls

Thomsen Holman Wheiler PLLC attorneys offer services for Bankruptcy Law in Idaho Falls. There are two main prominent kinds of Bankruptcy.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy, often called liquidation bankruptcy, is really a process through which a trustee liquidates your nonexempt assets and distributes the proceeds to your unsecured creditors. Any remaining financial debt is discharged. If all your assets are exempt, then all of the personal debt are going to be discharged. Following discharge, your unsecured creditors are held back from ever collecting those debts. If you're behind on a secured loan such as a car or house, you'll have to bring the loan current before you decide to report bankruptcy under chapter 7 or make other arrangements with that creditor to keep the collateral. Otherwise, the secured creditor is going to have the authority to take back the collateral through repossession or foreclosure. Additionally, you will need to continue producing payments on secured loans after bankruptcy, should you keep your collateral. Quite simply, bankruptcy doesn't discharge secured loans.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is actually a structured repayment schedule created underneath the court’s supervision that permits you to repay unsecured creditors over three to five years. Additionally, it enables you to compensate for secured loans with the three to five year plan to be able to keep collateral for instance a house or perhaps a car. If you make all of the plan payments for the required period of time, any remaining balance on your unsecured debts is usually discharged. Secured loans must continue being paid, along with any catch up payments, so as to keep the collateral. The size of the chapter 13 strategy is determined primarily because of your level of income in the months prior to bankruptcy as well as your monthly expenses.

Means Test

The Means Test is actually a calculation which is used to ascertain if you're able to file under chapter 7, or if you are going to be instructed to file under chapter 13. In case your annual earnings are over a specific amount, which varies by state and household size, the bankruptcy code can make you file under chapter 13 so as to a minimum of partially repay your lenders with time. The Means Test involves many variables and it is an essential initial step in determining the best way to take care of your case. Typically, if a person is your spouse, or maybe someone lives in your home and is financially helped by you, that person is a member of your home. “A household for means test purposes involves a debtor, those financially supported by the debtor, and the debtor’s spouse in a joint case if she does not otherwise rely on the debtor for support.” In re Bruyn, 2012 Bankr. LEXIS 775, at *16 (Bankr. D. Idaho, Feb., 9, 2012) (citing 11 USC §707(b)(2)(A)(ii)(I)).

How quickly am I allowed to file for bankruptcy again?

If you happen to get a discharge in bankruptcy, what the law states requires you to definitely wait a particular stretch of time before you acquire a discharge in a subsequent bankruptcy.

The wait times are from the date of filing to the date of filing and therefore are the following:

Chapter 7 to Chapter 7 - 8 years
Chapter 13 to Chapter 7 - 6 years
Chapter 7 to Chapter 13 - 4 years
Chapter 13 to Chapter 13 - 2 years