Upsolve Community Member What are the steps to file for bankruptcy? You are most likely to be successful representing yourself in a straightforward Chapter 7 case. It is important to find a trusted resource and educate yourself on the necessary steps if you want you case to be successful.
We recommend using the US Trustee site in your area as well as the learning center here at Upsolve to guide you through the process.
First you will need to determine if you are eligible to file a Chapter 7 by passing the means test. If you are below a certain threshold for your state you will qualify, otherwise, you need to complete both parts of the means test calculation to determine your disposable income. There are a lot of bankruptcy forms to fill out to file a case. You will need to fill out a petition and schedules and be certain to list all of your assets and creditors. In order to make certain that you are properly listing all of your creditors you should get a copy of your credit report.
You can request a free copy here. There are two debtor education courses you will have to take. You will take the first course before you file, and the second course after you file. There is a single court appearance in a Chapter 7, which is called a section hearing or a Meeting of Creditors.
You need to attend this meeting when scheduled, and you will appear before a Trustee and answer questions about your paperwork. This is generally a short proceeding, maybe minutes, and Trustees are accustomed to working with pro se debtors. After you have attended your meeting and presuming there is no follow-up needed such as filing amendments to your documents you simply need to wait to receive your bankruptcy discharge.
Make certain to keep a copy of this document somewhere safe. You are not required to hire an attorney to represent you in a bankruptcy case. You can file on your own with or without guidance, but we suggest that you educate yourself first to determine whether filing pro se is the best option for you. Attorney Eva Bacevice. Eva G. Bacevice graduated from the University of Michigan Law School in She practiced law for close to a decade in the area of consumer bankruptcy.
There are also petition preparation companies that help fill out paperwork, but they cannot give legal advice, and they are heavily monitored by the Office of the United States Trustee to prevent unauthorized practice of law. If you are filing for Chapter 7 bankruptcy and you cannot afford court filing fees, you may apply for a waiver of the filing fee or to pay the fee in installments.
To obtain a complete waiver, your income must be less than percent of the poverty guidelines published by the United States Department of Health and Human Services for households of the same size and located in the same state. If you don't qualify for a waiver, you may pay the fee in installments by filing an application with the court. Making a mistake at any stage in the process of filing your bankruptcy petition, including failure to file forms or failure to pay the filing fees, may result in your case being dismissed rather than discharged.
Chris Blank is an independent writer and research consultant with more than 20 years' experience. Blank specializes in social policy analysis, current events, popular culture and travel.
His work has appeared both online and in print publications. He holds a Master of Arts in sociology and a Juris Doctor. In essence, you must understand what debts your bankruptcy will discharge, what will happen to your property in the bankruptcy, and what laws should be used to exempt your property from being taken for the benefit of your creditors.
Also, you must file the bankruptcy papers yourself and represent yourself in court. In other words, you are responsible for your case. You act as your attorney and use the bankruptcy petition preparer as a typing service that transposes the information you give them onto the official forms. A good bankruptcy petition preparer will have up-to-date bankruptcy computer software that will generate the documents quickly and relatively easily.
And most bankruptcy petition preparers charge low fees, especially compared to lawyers. If you are not comfortable with any aspect of the bankruptcy process, you should consider hiring an attorney who will prepare the forms, attend the hearings with you, and guide you through the process.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Talk to a Lawyer. Grow Your Legal Practice. Meet the Editors. Filing for Bankruptcy Without an Attorney. Whether you should file for bankruptcy without an attorney "pro se" depends on the type of bankruptcy and the complexity of your case.
In this article, learn: when Chapter 7 is too complicated to handle yourself why hiring a Chapter 13 lawyer is always important, and if you represent yourself, how a bankruptcy petition preparer can help.
Your case is likely simple enough to handle without an attorney if: you pass the first portion of the Chapter 7 means test your yearly household income is less than the state median you don't own much property you can protect your assets with exemptions you don't have any priority debts you can't discharge, and creditors aren't alleging fraud against you.
What Is a Priority Debt? Debts that you'll remain responsible for include many, but not all of these debts are priority in nature : child support, spousal support, or another domestic support obligation fines, penalties, and restitution imposed as punishment for violating the law some taxes intoxicated driving debts homeowners' association dues assessed after filing for bankruptcy retirement plan loans money borrowed to pay off nondischargeable tax debt for instance, the credit card debt incurred after using your account to pay a tax bill , and debts determined nondischargeable in a previous bankruptcy.
You committed fraud for instance, you wrote a bad check or lied about your income on a credit application. You charged a luxury item less than 90 days before you filed for bankruptcy.
You intentionally harmed someone or damaged their property. You embezzled funds or stole money. You failed to list all creditors in your bankruptcy petition. Consider Hiring a Bankruptcy Preparer Even if you have a simple Chapter 7 case, bankruptcy can be an intimidating and time-consuming process. What Is a Bankruptcy Petition Preparer?
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