Hamilton Debt Relief

What To Do Before Filing Bankruptcy

 

Checklist before Filing Chapter 7

If it is the prerogative of a consumer to not hire a lawyer and instead go at bankruptcy alone, the consumer has to make sure of the following before tackling the giant: That his/her amount of debt is large enough to warrant all the trouble and that his/her debt is primarily “dischargeable” and that the creditors would not challenge the discharge. The consumer must make sure that the chance of the case being discharged is good.


What are the forms that needed to be filled out and where can they be obtained?

The forms are available at the nearest office supply store. They are also available online and can be downloaded and printed from:  www.uscourts.gov/bkforms/bankruptcy_forms.html

Bankruptcy Forms: (First Round)

*Without a lawyer, the consumer is in charge of protecting his/her papers that have sensitive information like Social Security numbers, children's names, birthdays and account numbers.

•    Form 1 (Voluntary Petition) 
•    Notice to Individual Debtor With Primarily Consumer Debts Under 11 U.S.C. and 342 (B)
•    Notice to Debtor by Bankruptcy Petition Preparer
•    Statement of Social Security Number (Official Form 21) - *the form only asks for the last four digits, the consumer should make sure to black everything else out to prevent identity theft.
•    Exhibit D to Official Form 1.


What are the meetings to be attended? (Pre-filing course)


The mandatory credit counseling course – this is to ensure that the consumer knows of the alternative to bankruptcy.

Things to remember:

•    Make sure to keep the certificate of completion from the agency as it would be attached to Form 1.
•    Fill out the Individual Debtor's Statement of Compliance With Credit Counseling Requirement (Exhibit D)

Are there any more forms to be filled out? (Second Round)

•    Form B22A or the Statement of Current Monthly Income. The consumer’s monthly income has to fall below his/her state's mean income to qualify for Chapter 7.

*The disabled veteran (individual filer) can get an exemption under the disabled veteran section.
Consumers must make sure to complete all fields in the forms and put NA where applicable.
Photocopy the forms or make soft copies because the original would be filed with the bankruptcy court.