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Legal Law

The steps to follow to file for bankruptcy

Filing for Chapter 7 bankruptcy doesn’t have to be complicated, as most bankruptcies follow a systematic and predictable course, and below is a list that I provide to my clients when I explain the bankruptcy process. Not only does it give them an overview of the job, but they also use it to take notes and refer back to it later as needed. Using it as a guide when speaking with your own attorney will also help clarify any questions you may have about the process.

1. Gather the following financial documents:

  • 2 years of tax returns
  • 6 months of bank statements
  • 6 months of paycheck stubs (or profit and loss statements)
  • Monthly billing statements
  • Credit report

2. Review the documents with a bankruptcy attorney to determine whether bankruptcy is appropriate.

3. If bankruptcy is the best course of action, the attorney will prepare the petition.

4. Complete the pre-filing credit counseling course and present the certificate to your attorney.

5. Meet with your attorney to review and finalize the petition.

6. Once filed, the court will notify your creditors of the bankruptcy and set the date for your appearance before the bankruptcy trustee. This is called a §341 Meeting of Creditors.

7. Your attorney will send the necessary financial documents to the trustee prior to the §341 Meeting of Creditors.

8. At the §341 meeting of creditors, which your attorney will attend with you, the bankruptcy administrator will ask you to verify 1) the accuracy of your petition and 2) your identity using your social security card. Take it with you. Creditors may also ask you questions about your debt; however, this occurs rarely.

9. After the §341 meeting of creditors, take the online debt management course and provide the certificate to your attorney.

10. Your attorney will provide the second course certificate to the court and any additional documents that the bankruptcy trustee may have requested.

Once you complete these steps, there is a waiting period of approximately two months. After this time, you and your attorney should be notified of your discharge, which means that all of your eligible debts will be canceled.

The court does not provide a list of these debts, it happens by application of the law. If a creditor tries to collect a debt owed before you filed your petition, provide them with your bankruptcy case number and filing date, along with your cancellation date. If they persist unfairly, which most do not, contact your attorney.

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