Money & Debt

You must make sure you qualify for bankruptcy by taking a means test.

You have to get credit counseling within 180 days before filing for chapter 7 bankruptcy or your case will be dismissed Cases dismissed with no further action anticipated. . A list of federally approved credit counseling agencies is available on the US Trustee's website. You may take the course in person, over the phone, or online.

After you finish, get a certificate to show you completed the counseling. Make a copy for the court. You will promise to the court that you have completed the counseling course when completing the Voluntary Petition (noun) A written request to a court (verb) To request from a court for Individuals Filing for Bankruptcy in Step 4.

You will need to give the court information about, among other things, the following:

• Real estate Property consisting of land or buildings like a house or an apartment you own,
• Personal property, like cash, clothing, household goods or cars, you own, 
• Debts you owe, of any kind,
• Recent payments made to creditors or others, and 
• Large gifts or donations to friends, family members or charities.

Make several copies of the following. You will need to give copies to your chapter 7 trustee A person that has custody of or control over funds or items of another and to any creditor Someone who is owed money who requests it:

• Your last 60 days worth of pay stubs, and
• Your most recent income tax return.

Fill out and sign the forms listed below. Make 3 copies of each form.

• Voluntary Petition for Individuals Filing for Bankruptcy. Use this form to begin the process of filing for chapter 7 bankruptcy.
• Your Statement About Your Social Security Numbers. Use this form to tell the bankruptcy court what your social security number A number that the federal government gives to each U.S. citizen. It keeps track of their earnings and retirement benefits. is.
• Your Statement of Financial Affairs for Individuals Filing for Bankruptcy. Use this form to tell the court about your recent financial activities.
• Notice Required for Individuals Filing for Bankruptcy. Read and sign this form to tell the court that you understand your options for filing for bankruptcy.
• A copy of the Certificate of Counseling (see above).

If you do not have money to pay the court fees, you should also fill out one of the following applications:

• Application for Individuals to Pay the Filing Fee in Installments. Asks the court to let you pay the filing fee in installments instead of all at once.
• Application to Have the Chapter 7 Filing Fee Waived. Asks the court to waive To give up a legal right or pardon a fee the filing fee completely.

Now that you have filled out your forms, take the following actions:

• File the forms with the bankruptcy clerk at the closest bankruptcy court where you live. You can find your closest bankruptcy court using the court locator.
• Pay the court filing fee, pay in installments, or get a fee waiver A document that lets someone file court papers for free or at a reduced cost. . There are fees to file your bankruptcy forms. If you don't have the money to pay the fees, file the Application for Individuals to Pay the Filing Fee in Installments or the Application to Have the Chapter 7 Filing Fee Waived that you filled out in Step 4. The court will review your application and decide whether you have to pay the court fees.

All forms are available on the US Courts website, and the website for your local bankruptcy court.

Complete the following forms with the information you've gathered:

• Schedule A/B: Property. Tells the court about the property you own.
• Schedule C: The Property You Claim as Exempt. Tells the court about the property you will claim as exempt.
• Schedule D: Creditors Who Hold Claims Secured by Property. Tells the court about any secured creditors, such as a mortgage A loan given by a bank that is used to help someone buy a home or car lender.
• Schedule E/F: Creditors Who Have Unsecured Claims. Tells the court about any priority unsecured and general unsecured creditors.
• Schedule G: Executory Contracts and Unexpired Leases. Tells the court about any outstanding contractual obligations or leases ongoing, such as an apartment lease.
• Schedule H: Your Codebtors. Tells the court about other people who might be liable for your debts, such as cosigners.
• Schedule I: Your Income. Tells the court about your income.
• Schedule J: Your Expenses. Tells the court about your expenses.
• Schedule J2: Expenses of Separate Household of Debtor 2. If you are filing for joint bankruptcy, use this form to tell the court about the expenses of the other debtor. This only applies if the other debtor lives in a different household.

Use the above schedules to complete the following forms:

• A Summary of Your Assets and Liabilities and Certain Statistical Information. Complete this form after you fill out Schedules A-J (above). Use the information from Schedules A-J to fill out this form.
• Declaration About an Individual Debtor's Schedules. Fill out and file this form any time you file Schedules (above) or amended Schedules.

You must complete and file all the necessary forms when you file your petition (noun) A written request to a court (verb) To request from a court or within 14 days of filing your petition. If you don't, your case will most likely be dismissed Cases dismissed with no further action anticipated. .

This includes, without limitation:

• Schedules A-J,
• The summary and the declaration,
• Any evidence Anything used to show that something is true of payment from employers received 60 days before filing, such as pay stubs,
• A statement of monthly net income Income after taxes have been taken out , and any increases in income or expenses that you expect to happen after filing if any, and
• A copy of your tax return or transcripts for the most recent tax year.

If you have a secured debt, you must file the following form within 30 days of filing:

• Statement of Intention for Individuals Filing Under Chapter 7. Tells the court what you want to do with certain secured debt and related property. Use information from Schedule D to help you complete this form.

Mail the Statement of Intention to all secured creditors. You do not have to send the Voluntary Petition (noun) A written request to a court (verb) To request from a court , just the Statement of Intention.

If you do not do this, you may lose the protection of the automatic stay. Secured creditors will then be allowed to take back the property.

File a Certificate of Service with the court saying that you have mailed the Statement of Intention to all secured creditors. See a sample here.

What's next?

This is just the beginning of your case. There are several steps in a bankruptcy case before your debts are discharged. Learn more about the timeline of a bankruptcy case.