How do I file for Chapter 7 bankruptcy?

"How do I file for Chapter 7 Bankruptcy" is a very broad question. In some ways, filing is easy; in other ways it is quite complicated. First, you need to qualify for chapter 7 . We need to determine the proper venue to file in. Usually, this is where you live. Next, we need to look at prior cases (if any). For instance, recent Chapter 7 would disqualify you from filing. Next, we look at your income and assets. You state you've been out of work for some time, so income will likely not be an issue. Part of the income examination is to inquire whether you have a partner or spouse with significant income, however. As for your assets, we look at the value of the stuff you own. Then we have to ask a number of questions about how you've handled your property in the past (have you sold any real estate, given any property away, paid off debts to family members, etc.). Assuming that after the inquiries above there appear to be no barriers to filing a 7, we look at your debts. $15,000.00 in medical bills would likely be dischargeable in a Chapter 7. Then you have to do the paperwork. You have to fill out papers that once you are done are between 30 and 50 pages for most people to present to the court for filing. You will also need to take a credit counseling course and receive a certificate to file with your papers and the $306.00 filing fee. Most people hire an attorney to help then with all these steps. Attorneys' fees range from $800 to $1500. Most attorneys will set you up on a payment plan. If you want to file without an attorney, you will need to devote some time to research on the internet. There are also some books out there that can give you an outline of the process. Finally, paid petition preparers can give you the forms and fill them in for you. Note, these folks are not attorneys and there is no guarantee they will do any better of a job than you would in filing out the papers. The judges in the Eastern District of Wisconsin have recently declared that the most a petition preparer should be able to charge you for its services is $75.00 for just this reason. Note that most bankruptcy attorneys will give you a free consultation to discuss your situation so you should take advantage of that before proceeding.

You should consult with a bankruptcy attorney who will fill out the petition, file it and represent you in court. Or you can download the forms from the bankruptcy court website, fill them our and file them on your own.

You should make an appointment with a local attorney in your area who practices bankruptcy law. Ideally you should bring copies of your medical bills to your first appointment, along with a legal property description for your home or other real estate, the previous year's tax return, and documentation of any income you or your household have received during the last six months. Take my word for it. Bankruptcy is not nearly as scary or as difficult as you might think it is.

The first step is to make a consultation with a local bankruptcy attorney. The consultations are free and confidential. Then make a second appointment with another local bankruptcy attorney and pick the one you felt the most comfortable with. At the consultation you will find out what the cost of filing a bankruptcy is.

In a nutshell, you consult with a credit counselor, file a petition with the court, attend a quick examination about five weeks later, take a debt education class and if all goes well you receive a discharge some 61 to 100 days after your examination. You can write a whole book answering your question. In fact, many have. If you want to give me a call I'll be glad to give you some more detail. If you really want to learn a lot on your own, I suggest reading "Chapter 7 Bankruptcy" published by Nolo Press. You can buy it at any big book store or check it out at any good library.

It is possible to file the yourself. You can go to the US Bankruptcy Court website and access the necessary forms and filing information. However, filing for bankruptcy is a complex process. I would recommend that you consult with an experienced bankruptcy attorney to fully discuss your circumstances.