What You Need to File Bankruptcy

The following are some key points to remember when you file bankruptcy. Keep in mind that this information does not reflect everything you need to know about the bankruptcy process. Before you move forward with filing bankruptcy, make sure you work with an experienced attorney at our office. We are here to help.

When you file bankruptcy, you will 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. For example, if you forgot to include a medical bill in your papers and you remember it after your discharge, you will likely have to pay that debt as though you did not even file bankruptcy.
    • Disclosure of a debt requires:
      • Accounts: Name and address of creditor, account number, current account balance, most recent statement/letter, (e.g., 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).
  • To pay the filing fee: There is a filing fee with the Bankruptcy Court. This must be paid to file your case.
  • 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.

Contact your attorney to know requirements for any particular debt.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.