How to File for Bankruptcy

Changes in the United States bankruptcy code have made filing for bankruptcy more difficult than in the past. Bankruptcy help is available for individuals that meet certain criteria and pass a means test, however, no one can file for bankruptcy without first passing a means test and seeking credit counseling from an approved outside agency. Therefore, many individuals seek bankruptcy help from an attorney prior to filing with the bankruptcy courts in order to ensure their approval for relief, as well as cease collections actions from creditors, which may include liens, foreclosures, or wage garnishments.

How to Get Legal Advice for Bankruptcy

Today, getting legal advice, in some fashion at least, is required by bankruptcy laws. The mandatory credit counseling sessions required today, in part, are designed to inform consumers fully about their financial repair options, as well as informing them of their rights as a debtor. In order to get legal advice for bankruptcy from an attorney, however, individuals should specifically consult with an attorney that specializes in bankruptcy proceedings for individuals.

How to File the Chapter 7 Petition

When individual decides to file the Chapter 7 petition, they must first undergo a means test, which details their assets, income, liabilities, and other considerations of financial importance. This test then determines if they will be allowed to continue with the bankruptcy proceedings in their federal bankruptcy court jurisdiction.

Getting Help from an Attorney Versus Filing Pro Se

Although legal counsel is highly advisable, some individuals may elect to file bankruptcy pro se, or on their own without legal representation. Even the literature of the U.S. Courts notes that it is highly unlikely a successful outcome will occur for debtors wishing to file pro se, given the enormous task of collecting all financial records, providing all necessary paperwork for this, and actually arguing the case for discharge, as well as repayment plans or negotiated settlements.

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