Generation
Information About Legal Topics
Topic 104: How Do I File For Bankruptcy?
(revised 10/97)
The steps
for filing for bankruptcy, basically, are these:
First,
you or your attorney must prepare the paperwork. On the appropriate
forms, you must list your property, your debts, and answer
a number of specific questions. When the paperwork is completed,
it is filed with the Federal Bankruptcy Court. There is a
$200 filing fee for a chapter 7 bankruptcy and a $185 filing
fee for a chapter 13 bankruptcy which is paid at the time of
filing, or, under certain circumstances, the fee may be paid
in installments.
After
your bankruptcy is filed, you and all of your creditors will
receive a notice scheduling a hearing called a First Meeting
of Creditors. The name of this hearing is misleading. Although
each creditor has a right to attend this hearing, most of
these hearings take place without any creditors being present.
At the hearing, the Trustee, who is an attorney appointed
by the Bankruptcy Court to represent the interests of all
of your creditors, will ask you questions about your property
and financial affairs.
Each creditor
is notified of the deadline for filing an objection to your
discharge. Approximately two months after the First Meeting of Creditors, and if no
creditor files a legal objection to your discharge, the Bankruptcy
Court issues a document called a Discharge in Bankruptcy.
This is the official order canceling your legal liability
on all debts which fall into the category of being dischargeable.
Certain
debts are not dischargeable, such as child support. Other
types of debts are only dischargeable under certain specified
circumstances, such as taxes and student loans. If the debt
is a type which is not dischargeable, then you are still liable
on that debt after your bankruptcy even though your other
debts are discharged. Also, certain rules apply to secured
debts, such as house mortgages and car liens. You have the
option of either giving the car or house back to the creditor
which holds the secured interest, in which event you owe nothing
further, or you can reaffirm the debt, which means that you
agree to continue paying the mortgage or lien, in which event
the creditor must let you keep the house or car.
Although
you do not require an attorney to file for bankruptcy, the
paper work is complicated, and the way that the paperwork
is filled out may determine whether you keep a certain item
of property or discharge a given debt. It is also important
that you choose the right type of bankruptcy. Under some circumstances,
it may be more appropriate to file a Chapter 13 Wage Earners
Plan, or a Chapter 11 reorganization. An attorney can help
you make these decisions. |