Asked 7/12/2011
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How do you do a self bankruptcy filing? So since you can file bankruptcy for yourself, how do you do it? It has to be done in exactly the proper way or it will be declined so I want to get it right.
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Answer 1/4 - Submitted 7/12/2011
I can appreciate the fact that you cannot afford a lawyer, however, you will find the process a bit complicated. Maybe, a visit to your local citizens advice bureau would be beneficial. If you insist on doing this by yourself, here is a basic run down on the process .
According to the Bankruptcy Act of 2005, all applicants must undergo, within six months prior to filing, credit counselling. This is to assess whether you qualify for filing for either Chapter 7 or Chapter 13 bankruptcy.
At these counselling sessions you must provide 2 years of financial accounts.
These accounts must show all income sources and all expenditures.
Your expenditures must be itemized and include any major transactions - monthly living expenses, debts (secured or unsecured) and any property you might have such as assets and possessions.
You must also provide all tax returns for the two years
deeds to any real estate
any car titles
all loan documents
When you have all this documentation together, you must decide which of your assets are exempt ht from seizure. You can find the exemption list here -
http://www.missouribankruptcy.com/exemptions.html
Now, you must prepare a two page petition, plus several other forms to the court -
http://www.missouribankruptcy.com/court.html
And now the fees.
Chapter 7 bankruptcy qualifications are that you are only able to repay $6000 over 5 years, equal to $100 a month. To file for the Chapter 7, the fee will be $274, this amount may be paid in instalments in some circumstances.
Chapter 13 qualifications are where you are able to repay $10,000 over the 5 years, equal to $166.67 per month. To file for the Chapter 13, the fee is $189, and cannot be paid in instalments.
Hope this helps
Answer 2/4 - Submitted 7/12/2011
First of all, the required counseling is conducted over the phone, and is self-reporting. Fees charged by these privately operated concerns run about $50, for which you will have to pay by a credit card or VISA/MasterCard-branded debit card.
For complete information regarding the counseling aspect of this process, go here:
http://www.justice.gov/ust/eo/bapcpa/ccde/index.ht m
To begin your bankruptcy filing under Chapter 7, you will need to obtain the LOCAL forms required for your district bankruptcy court, available FOR FREE, here:
http://www.mow.uscourts.gov/forms.html#bankruptcy
Self-help instructions and other useful information is available here:
http://www.mow.uscourts.gov/bankruptcy/debtors.htm l
Since you are filing under Chapter 7, this is a fairly straightforward procedure for which you will NOT need an attorney. But, you will have to follow the rules, although if there is a deficiency issue with any filing, the court will let you know and provide time to make any corrections necessary.
The court is a bit less lenient when it comes to paying your filing fee, although you will NOT have to submit the filing fee with your original petition. And, if you are unable to make a particular payment to the court, you can request an extension.
Good luck to you!
Answer 3/4 - Submitted 8/2/2011
Speaking as someone who has worked for a bankruptcy attorney for several years, the process is not that easy for someone not familiar with all the paperwork required. I would suggest the following:
1. Find out where the Bankruptcy Court is for your district and actually go there and talk to a court clerk. They will, of course, make it clear to you that they are not attorneys and cannot provide legal advice, however they know all about the forms required and can be very helpful to you on that aspect. They might also be able to give you the list of approved credit counselors for your district so that you can begin doing the mandatory pre-bankruptcy credit counseling course.
2. I would also ask the court clerk if they know of any resources for attorneys that do pro bono (free) work or of any legal assistance center that may be able to help you at a very low cost.
3. I would only consider doing your own filing if you own very few assets (and preferably own no real estate), and have very little or no secured debt (mortgages or car loans).
4. I would do the old fashioned thing and get a good book from the library on bankruptcy for dummies (or something like that) that in layman's terms explains the process, and in particular the exemption process.
5. Make sure your income falls under the median income level for your state so that you can file Chapter 7. Here's a link to check that out:
http://www.totalbankruptcy.com/chapter-7/requireme nts/median-income-tables.aspx
6. Once in bankruptcy, you will have to provide various documentation to your bankruptcy trustee assigned to your case. You will need to provide at least 10 days before your mandatory meeting of creditors,copies of your paystubs for the 60 days prior to the filing of your case and your tax returns for the past two years. You may also need to provide copies of vehicle titles, copies of real estate documents, bank statements, life insurance statements, and retirement plan statements if applicable.
7. You must also remember that there is a mandatory financial management course that must be completed before you can receive a discharge in a bankruptcy. You can use the same provider that you take the pre-bankruptcy credit counseling course with. That must be completed within 60 days of your meeting of creditors.
Whew! That probably sounds like a lot of gobbeldy gook, but that's why the process can be overwhelming without an attorney. If there is any way you can afford one, I would really recommend it.
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