For some people, the idea of filling for Chapter 7 bankruptcy without the aid of an experienced attorney may seem like a sure fire way to save some extra money. And indeed, that may be the case. However, with the complexities of current bankruptcy laws, you should keep in mind that choosing to file without the help of a Chapter 7 bankruptcy attorney will not provide you with an easy out in regard to the process at large. People choose to pay lawyers to handle situations such as these for a reason. And If you are not careful and well aware of the road in front of you, it can be easy to get in over your head. In this article, we will outline a few tips to help you file on your own.
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Step 1 - Head on down to your local office supply store and pick up the necessary forms for filling. You can pick out the forms individually or opt for a packet that includes them all. In total, you should have the following forms: Voluntary Petition (Official Form1); Notice to Debtor by Bankruptcy Petition Preparer; Notice to Individual Debtor With Primarily Consumer Debts Under 11 U.S.C. and 342 (B); Exhibit D to Official Form 1; and Statement of Social Security Number (Official Form 21).
Step 2 - Locate and attend a local credit counseling course before filing. If you are filing with your spouse, make sure that both of you attend. Make sure to hold onto your completion certificate in order to prove that you have sought counseling.
Step 3 - Complete your current monthly income statement. Keep in mind that your monthly income must be under your state's specified income average in order to qualify. If you are a disabled veteran, make sure to fill out the corresponding section in order to obtain an exemption from this rule. Next, sit down and complete all the forms obtained in step 1. Be sure to complete as many lines as you can. If a line does not apply to you, simply write NA in the blank. Make copies for your records.
Step 4 - Head down to your Federal Bankruptcy Court and submit your forms. The court will review the information and send you a notice in the weeks to come. Be aware that at this point, your creditors have been informed that you have filed, and have received information regarding the location of the hearing. Your creditors are provided the opportunity to challenge you if they so choose, and may show up.
Step 5 - Locate a personal financial management course before your hearing date. Once you have completed the course, be sure to file Form 23 with the bankruptcy court. Make sure to show up early to the hearing and pay attention; sitting in an area where it is not difficult to hear the speaker. You will likely be in a courtroom with other individuals who are filing as well. The answers they provide will likely be similar to those in your hearing. A letter of debt discharge will be sent to you upon completion.
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