Bankruptcy without a lawyer is possible. This tutorial covers Chapter 7 bankruptcy EXCEPT accurate filling out of the forms. A "Bankruptcy Software for Consumers" program is strongly recommended to guide you through the paperwork. Filing Chapter 7 Bankruptcy without an attorney involves some legwork, but this tutorial can save you thousands of dollars when you need it the most.
Determine if you actually qualify to file for Chapter 7 bankruptcy. The qualification is based on your income and family size relative to the state you are filing in. This is done by filling out a federal form called the "Means Test". The form provided by the federal government and is very user UN-friendly, but you can find a simplified Free Means Test online. [1] It is a lengthy form, but more than likely you'll only have to answer the first 15 questions. If you do not qualify, your only option would be a Chapter 13 "debt consolidation".
Order a copy of your credit report from all 3 credit bureaus. You want all three credit reports because all of your creditors do not report to all 3 bureaus. What is on one report might not be on the other. Your credit report will have the addresses of your creditors and you need their addresses to fill out the bankruptcy forms.
Take your mandatory credit counseling course. It sounds intimidating, but it is actually a no-fail online course that will typically cost about $30. You will receive a "Certificate of Completion", which you will need to include when you file your paperwork in step 6. You must complete it through an approved bankruptcy trustee approved credit counseling agency[2].
Take your mandatory credit counseling course. It sounds intimidating, but it is actually a no-fail online course that will typically cost about $30. You will receive a "Certificate of Completion", which you will need to include when you file your paperwork in step 6. You must complete it through an approved bankruptcy trustee approved credit counseling agency[2].
Complete your required bankruptcy paperwork. This will prove to be your most time-consuming step. If you have the resources, you would probably be better off to buy a bankruptcy software program to assist you. If you do not use a "Bankruptcy Software for Consumers" program, you will encounter problems with truncated data, manual submission of repetitive data, multiple manual mathematical calculations, and legal interpretations of state and federal bankruptcy law (stated in detail in the "Tips" section, below).
File your completed paperwork along with your credit counseling certificate. This step is as simple as taking the paperwork in Step 5 to the bankruptcy clerk. If you did not apply for a bankruptcy fee waiver, the court will require a $299 payment by cash or money order. You should receive a receipt with your case number, Bankruptcy Judge name, Bankruptcy Trustee name, and court date for your "Meeting of Creditors" (about 40 days out). On this date, your "Automatic Bankruptcy Stay" begins. The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors, stopping all collection efforts, all harassment, and all foreclosure actions.
If you forget to file one of the required forms, you will receive a written request from the court to submit the form in a timely manner or your case will be dismissed. All is not lost if you can correct an "honest mistake", and are able to submit it in a timely manner.
While you will get a warning if you forgot to submit a file, the court will not warn you if your paperwork is inaccurate.
From this point forward, there is no turning back on your filing for bankruptcy. Now, you want to make sure your debts are "discharged", and you want to avoid your case getting "dismissed".
Respond to every correspondence your trustee sends you, or the court sends you, that require a response. While waiting for correspondence, gather your last two bank statements, last two month's pay stubs, last year's tax forms and any paperwork for real estate you own. Your Bankruptcy Trustee will likely ask for this information.
Attend your Meeting of Creditors court date. You must attend! Be on time. Don't expect to see creditors there. Answer truthfully all questions posed to you by the trustee. They use standard questions, with a few variations based on the information you filed. Most filers are asked: State your name and address for the record. Is the listed social security number correct as was originally issued? Did you read, sign, and understand the petition? Are there any errors or omission? Have you listed all assets and all creditors? Have you filed bankruptcy before? Do you have any or additional domestic support funds?
Complete your post-filing Personal Financial Management Instruction Course after your case is filed and within 45 days of the creditors meeting. This is a different course from the credit counseling course you did when you submitted your paperwork. You must complete it through an approved bankruptcy trustee approved debtor education agency, and will cost about $30.[4] If you do not do this, you risk having your case dismissed. Submit certificate of completion as instructed in your correspondence.
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