What needs to be done in order to file for bankruptcy? 23 Answers as of November 22, 2013

I am drowning in debt and need to know how to file for bankruptcy. I just want to know what is needed in order to start the process.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Hayward, Parker, O'Leary & Pinsky, Esqs.
Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
You should contact experienced bankruptcy counsel in your area. You will probably be extended a free consultation, at which time the rather cumbersome process, and its ramifications, can be explained to you.
Answer Applies to: New York
Replied: 11/22/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
There are Official Forms which must be completed and filed with the Bkry Court. You can go to the court's website to get the forms. The success rate for pro se debtors is DISMAL!
Answer Applies to: New York
Replied: 11/20/2013
Michael B. McFarland, P.A. | Michael B. McFarland
Since you are unfamiliar with the process, and it is fairly complicated, you should consult with an experienced bankruptcy attorney in your area. Most attorneys will offer a no-obligation initial consultation at little or no charge. You can find out what is involved, and then decide whether to use that (or another) attorney or attempt to file yourself.
Answer Applies to: Idaho
Replied: 11/20/2013
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
You simply need to call to set a free consultation!
Answer Applies to: Virginia
Replied: 11/20/2013
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
Before filing for bankruptcy relief, you need to know whether it is the right step for you to take. Simply drowning in debt is not enough. You need to consult an expert to advise you whether you qualify for bankruptcy relief, under what chapter, and how to protect your assets during the process. A responsible attorney will put your needs ahead of his or her own and give you a candid evaluation of your case and even tell you if you need to stay away from bankruptcy in your particular situation.
Answer Applies to: California
Replied: 11/20/2013
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    First, you will need to gather a list of all of your debts and assets. You will also need your paycheck stubs or any other source of income for the last 6 months. We will also need your income tax returns for 2010, 2011 and 2012.
    Answer Applies to: Georgia
    Replied: 11/20/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Retain an attorney to assist you in preparing the petition. You must have last 2 years tax returns, 6 months proof if income and 6 months bank statements. You also must complete a credit counseling course.
    Answer Applies to: Nevada
    Replied: 11/20/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    You should contact an experienced bankruptcy attorney and schedule a consultation.
    Answer Applies to: Oregon
    Replied: 11/20/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    The bankruptcy case is started by the filing of a bankruptcy petition (comprised of schedules and forms) with the bankruptcy court handling cases in your jurisdiction. You will need to complete a required credit counseling course before filing the petition. You can hire an attorney to prepare and file the documents and represent you at the creditors hearing or you can attempt to go through this whole process on your own by filing pro per (which I don't recommend).
    Answer Applies to: California
    Replied: 11/19/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    That is a wide open question. At a minimum, 6 months of income information (pay stubs) and 2 years tax returns. After that what is required depends on the facts of your case.
    Answer Applies to: California
    Replied: 11/19/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    This is a very broad question. To file bankruptcy, you need to provide 6 months of pay records, 2 years of tax returns and complete pre-bankruptcy credit counseling. A reputable bankruptcy attorney should determine what kind of bankruptcy is appropriate under the circumstances and help plan the case to avoid any missteps.
    Answer Applies to: Nevada
    Replied: 11/19/2013
    Law Offices of Linda Rose Fessler | Linda Fessler
    A complete list of all your creditors, name, address, account numbers.
    Answer Applies to: California
    Replied: 11/19/2013
    Couch Law, PLLC
    Couch Law, PLLC | SPENCER M COUCH
    Your first step should be to consult with a qualified attorney. Most bankruptcy attorneys will offer a free consultation to determine if bankruptcy is right for you, and if it is, which type would best suit your situation. At the consultation the attorney will be able to tell you how much the process will cost, and what timeframe you are looking at.
    Answer Applies to: Utah
    Replied: 11/19/2013
    Timothy Casey Theisen, P.A. | Tim Theisen
    Calling a lawyer such as me will answer some questions, determine your likely eligibility set you in the right direction.
    Answer Applies to: Minnesota
    Replied: 11/19/2013
    SM Law Group APC
    SM Law Group APC | Kian Mottahedeh
    There are several steps to filing for a chapter 7 bankruptcy: 1. You need to see what chapter you can file based on your income 2. you have to make sure that you list all of your assets and liabilities 3. You need you make sure that your assets are protected by using the correct exemptions depending on your residence. (You have to use the exemptions for the state that you have lived the majority of your time in the last 2 years) 4. You have to take a credit counseling course. 5. File it within the correct district 6. Give notice to all of your creditors These are just some of the main steps that you would need to take in order to file for bankruptcy relief.
    Answer Applies to: California
    Replied: 11/19/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Call an experienced bankruptcy lawyer and let them file it for you! Money very well spend when you can get monetary sanction or criminal sanctions.
    Answer Applies to: Michigan
    Replied: 11/19/2013
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    You need to meet with an experienced bankruptcy attorney to evaluate your situation and prevent you from taking actions that may jeopardizes your bankruptcy.
    Answer Applies to: Idaho
    Replied: 11/19/2013
    Law Office of Shawn N. Wright | Shawn N. Wright
    There are two types of personal bankruptcy cases. Chapter 7 is "straight" bankruptcy, and it involves simply getting rid of debts, such as credit cards, personal loans and medical bills. You have to be eligible for Chapter 7, and not everyone is. It will depend on your monthly income over the past 6 months. The second type of bankruptcy is Chapter 13 and it involves a 3 to 5 year repayment plan of your debts. The main requirement of Chapter 13 is that you have to have some form of regular income in order to qualify. I am simplifying greatly, but I would urge you to contact a bankruptcy lawyer in your area. Many of them offer free consultations, and you can see where you stand and what you qualify for.
    Answer Applies to: Pennsylvania
    Replied: 11/19/2013
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    Get all of your financial information together (assets, liabilities, income and expenses) and then contact a good bankruptcy attorney. If you need a referral, contact your local bar association or the U.S. Bankruptcy Court. Make sure you disclose everything to your attorney and comply with all of the rules. While bankruptcy is never easy and not to be used without good reason, when you are through the process you will receive a fresh start and can start rebuilding your financial life. Good luck.
    Answer Applies to: California
    Replied: 11/19/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    An experienced bankruptcy attorney is very important and is the first thing you need.
    Answer Applies to: Florida
    Replied: 11/19/2013
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    The first step would be to contact a bankruptcy attorney for a free initial consultation. This will provide you the opportunity to see whether or not bankruptcy is your best option and, if so, what type of bankruptcy makes sense for you. Also, you can ask questions that may help you understand the process and what to expect.
    Answer Applies to: Georgia
    Replied: 11/19/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You should go to a local attorney who will advise you on your rights in regards to your specific case.
    Answer Applies to: New York
    Replied: 11/19/2013
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    First step, consult with a bankruptcy attorney. S/he should be able to steer you in the right direction.
    Answer Applies to: Massachusetts
    Replied: 11/19/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney