How to file for Chapter 13 and 7
How to file for Chapter 13 7
The first step of how to file for Chapter 7 or Chapter 13 bankruptcy is to gather the documents that are required by the court. The bargain that the court will make with the Debtor is that if the Debtor files an accurate petition disclosing all of the information and supports it with documentation that the deserving debtor will get a bankruptcy discharge. These documents include your tax returns, pay stubs, bank statements and other documents which is turned over to the court trustee within days after filing bankruptcy. Part of this is showing in a budget that there is no disposable income left over for a Chapter 13 plan payment or that the Chapter 13 plan payment is reasonable.
The bankruptcy court and the Chapter 7 or 13 Trustee only want to spend a few minutes to review the petition and the supporting documentation and to quickly move on to the next case. When a debtor fails to fully and accurately provide information and supporting documentation the petition doesn’t make any sense. If the Debtor fails to produce the documents or accurate schedules they are often required to come back several times in several hearings or audits until they get it right or the case may be dismissed. Even worse the debtor may lose property for being “creative”. This is the list of the documents you will need to file for a Chapter 7 or Chapter 13 Bankruptcy. It is your goal and the job of the Trustee to insure that the petition information is accurate and complete. If the petition is complete and accurate listing all of the assets, liabilities, income, and expenses it is very rare that anything will go wrong. This is our how to file for bankruptcy manual .
There is a required class to file any Chapter 7 or Chapter 13 bankruptcy and there is a second class taken after filing to complete a personal bankruptcy and obtain a discharge. The failure to take either class means the case will be dismissed without a discharge and the case will have to be refiled. The failure to show at the hearing means the case will be continued to a second hearing or dismissed.
Attorney Nick C. Thompson Louisville Kentucky How to file for Chapter 7 Bankruptcy
You must log in to post a comment.