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What are the steps invoved in filing personal bankruptcy?

Updated: 8/18/2019
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Filing for bankruptcy is a lot more complicated and time consuming that may initially meet the eye. My first suggestion would be to have a lawyer help you with the process. Successfully completing a bankruptcy proceeding can be a difficult process. However, there is a good deal of work you must do before you can file for bankruptcy.

First, you are required to complete a "means test." This is a complicated calculation that determines your ability to pay your creditors. It also compares your financial status to the average person in your area. If you pass this means test, you are allowed to file a Chapter 7 claim in Bankruptcy court - otherwise, you can only file a Chapter 13 bankruptcy claim.

The next step involves undergoing credit counseling. Bankruptcy law requires that you complete this counseling before going through the bankruptcy process.

Finally, you can file for bankruptcy. In addition to filing, you must submit a bundle of paperwork with the Bankruptcy court. This paperwork includes information about your income, debts, assets, and personal information.

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Q: What are the steps invoved in filing personal bankruptcy?
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What steps are required to file for bankruptcy?

To file for bankruptcy you will have to firstly, admit that you are having financial issues. Secondly, you contact a licensed trustee to evaluate your situation. You will have two appointments with the trustee: the first to fill out an application form to file for bankruptcy, the other to sign papers that you agree to the terms of filing for bankruptcy.


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The first step in filing for bankruptcy will involve a "means test" conducted by the court to determine your ability to pay your creditors and also looks at your financial status as compared to the average person in your area. The next step before being allowed to file is credit counseling. Upon filing for bankruptcy (provided that the 2 steps just mentioned are met) you must submit paperwork showing your income, debt, etc.


What are the steps towards filing bankrupt?

Good question. There is a common misconception that bankruptcy is simple to file for and everyone who does so gets approved. In reality, neither of those are true. Successfully completing a bankruptcy proceeding can be a difficult process. However, there is a good deal of work you must do before you can file for bankruptcy. First, you are required to complete a "means test." This is a complicated calculation that determines your ability to pay your creditors. It also compares your financial status to the average person in your area. If you pass this means test, you are allowed to file a Chapter 7 claim in Bankruptcy court - otherwise, you can only file a Chapter 13 bankruptcy claim. The next step involves undergoing credit counseling. Bankruptcy law requires that you complete this counseling before going through the bankruptcy process. Finally, you can file for bankruptcy. In addition to filing, you must submit a bundle of paperwork with the Bankruptcy court. This paperwork includes information about your income, debts, assets, and personal information.


How does someone find out how to file for bankruptcy?

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Bankruptcy is not easy. You must first make some big decisions-such as which Chapter to file under and what to include-and then there is a ton of paperwork and many, many different steps. Life after bankruptcy is also not easy. There are a great many things you will need to do in order to recover from bankruptcy.


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Do you need an attorney to file banckruptcy?

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What is the process of filing for bankruptcy?

It is recommended that one employs an experienced bankruptcy attorney to guide you through the process. However, it is not legally necessary.In order to file bankruptcy you need to file a bankruptcy petition and, if filing as a chapter 13 case, then propose a repayment plan.The U.S. Bankruptcy Court website has all the forms you need to fill out: http:/www.uscourts.gov/bankruptcycourts.htmlHere are the things you'll need:- Credit Counseling Certificate. You do these online from many companies. One company we use is bkcert.com- Last 3 years of tax returns.- Last 6 months of pay stubs (aka pay advices) if applicable.- Credit Report (free online)After you file you'll have to attend a meeting called the 341 Meeting in which you have an interview with the trustee in charge of your case. It can last anywhere from 15 mins to an hour depending on the complexity of your case. They are usually held 1 month from the time of filing.If you are a chapter 13 then you need to have your plan confirmed. This usually happens about 1 month after the 341 meeting.In a chapter 7 you should receive your discharge 5 months after filing.In a chapter 13 you receive you discharge after completion of the plan (3 to 5 years).