You need to provide accurate and complete information
- You will only get a discharge for debts that are disclosed. IF A DEBT IS NOT DISCLOSED IN YOUR BANKRUPTCY PAPERS, YOU WILL NOT GET A DISCHARGE FROM THAT DEBT. (Ex: You forgot to include a medical bill in your papers. If you remember after discharge, you must generally pay all of this debt as if you did not file bankruptcy.)
- Disclosure of a debt requires: Accounts: Name and address of creditor, account number, current account balance, most recent statement/letter, (ex: Visa bill, Doctor Bill, letter from collection agency, etc. may contain this information); Judgments: Copy of the Judgment with name of Court, case no, Judge, name of parties; Loans: Copy of the loan agreement, name and address of creditor, account number, loan balance, any security agreement, (e.g. copy of vehicle titles, deed, mortgage); Garnishments: Copy of paperwork received, copy of judgment information (see above); Tax Liens: Copy of documentation received from IRS, etc; any Notice of Levy; any lien letters; Student Loans: (See accounts above). Contact your attorney to know requirements for any particular debt.
You need to pay the filing fee
- There is a filing fee with the Bankruptcy Court. This must be paid to file your case.
You need to pay the attorney fee
- You need to sign a fee agreement and pay your attorney the agreed attorney fee. In some cases, (primarily under a Chapter 13), you can pay part of your attorney fee, and then pay the remaining balance as part of your Chapter 13 Plan.
