what documents do i need to file chapter 7 without a lawyer

by Mrs. Johanna Frami 7 min read

To file for Chapter 7 bankruptcy

Chapter 7, Title 11, United States Code

Chapter 7 of the Title 11 of the United States Code governs the process of liquidation under the bankruptcy laws of the United States. Chapter 7 is the most common form of bankruptcy in the United States.

, you must collect and submit certain documents to the court. This is required even if an attorney is representing you. These documents include your tax returns for the past two years, two months of your latest paycheck stubs, and bank account statements that cover the bankruptcy filing date.

Full Answer

What documents do I need to file Chapter 7 bankruptcy?

Apr 14, 2020 · Pay stubs: You’ll need documentation to prove and calculate your current monthly income for you and your spouse if you’re filing jointly. You can use pay stubs or ask your employer or agency for a statement that includes deductions. Go back at least 60 days before you file your Chapter 7 bankruptcy petition, 6-7 months is preferable.

Can I file Chapter 7 bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

What to bring to an initial bankruptcy attorney meeting?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-25_10-02-22. Many people file for Chapter 7 bankruptcy without an attorney. In fact, in some districts, a whopping 28% of bankruptcy filings were by pro se litigants (the legal term for "filing on your own"). Some people represent themselves because they can't afford the attorney fees.

What happens if I don’t file my Chapter 7 certificate?

Apr 09, 2013 · You need to file these forms, all of which should be prepared by an attorney: the bankruptcy petition; a list of creditors; a list of assets and liabilities; a list of current income and current expenditures; a statement of your financial affairs; a certificate from the attorney or bankruptcy petition preparer (if there is one) indicating that ...

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What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

What do you need to do before filing for bankruptcy?

In Chapter 7 and Chapter 13 bankruptcy filers must receive credit counseling from an approved provider before filing for bankruptcy, and complete a financial management course before getting a discharge.

What happens in Chapter 7?

Motions or Adversary Actions. Most Chapter 7 cases move along predictably: you file for bankruptcy, attend the 341 meeting of creditors, and then get your discharge. But, that's not always the case. Other, more complicated issues can arise that most pro se filers aren't prepared to handle.

Can bankruptcy attorneys meet with you?

And most bankruptcy attorneys will meet with you for free for an initial consultation. That might be enough for you to learn that bankruptcy is not for you, to determine which chapter is best for you, or to discover that you have some issues that might mean going it alone is a bad idea.

Can you lose everything in bankruptcy?

You don't lose everything in bankruptcy. Property exemptions play a vital role in protecting property in both Chapter 7 and Chapter 13 bankruptcy. But, many pro se filers don't list the proper exemption to keep an item of property, and, as a result, risk losing it. If you stand to lose valuable property (like your home or car) ...

What documents are needed for Chapter 7 bankruptcy?

The documents filed for Chapter 7 can include the following information: Chapter 7 bankruptcy petition. List of assets and liabilities. List of creditors. Your current income and expenses. Pay stubs for 60 days before filing. Monthly net income.

How to file Chapter 7?

Gathering documents together can also help you better understand how Chapter 7 may benefit your situation and help you make a plan for managing your finances after you’re debt-free. We ask our clients to help gather the following documents to help us prepare their Chapter 7 filing, although other documents may also be needed: 1 Two pay stubs 2 Tax returns for previous two years 3 Every bill or letter you’ve received from collections 4 Notices of any lawsuits or pleadings you’ve been involved in 5 Real estate deeds, including those you have partial interest in, and/or mortgage letters 6 Titles for any cars, trucks, motorcycles, trailers, boats, motor homes and/or payment letters 7 Life insurance policies 8 Appraisals of your real estate, jewelry, and other assets if you have them

How long does it take to file Chapter 7?

It’s important to understand that these documents must be provided within 45 days ...

What do you need to do before filing for bankruptcy?

Before you file for bankruptcy you are required to take a credit counseling course. After you take this course you will receive a certificate that will need to be provided to the bankruptcy court and to the bankruptcy Trustee

What do I need to bring to a 341 meeting?

When you attending the 341 Meeting with the Trustee, you will need to bring your driver’s license and your Social Security Card with you. The Trustee will look at these documents to verify your identity.

What to do if you didn't file taxes for two years?

You will need to provide your last two years of tax returns. If you do not have your tax returns, you will need to get copies of your tax transcripts from the IRS. If you did not file for the last two years, you will need to explain why you were not required to file. If you do have a valid reason for not filing, the Trustee will likely require you to file before your bankruptcy can be discharged.

How many months of statements to a bank?

For each bank account that you have, you will need to provide, 4 months of statements to the Trustee. If you also have retirement accounts, you will need to provide a statement from the account to the Trustee for his/her review.

Who is Matthew Pfau?

Matthew Pfau is a licensed attorney that practices in the areas of estate planning, probate and bankruptcy. Matthew’s ability to communicate and connect with each of his clients has set him apart from other practitioners in his same fields of legal expertise. And, because of the reputation he has earned in the community Matthew has received many accolades including being named “Legal Elite” according to the Nevada Business Journal.

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

How long do you have to take a post filing course?

Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors. Take a look at the U.S. Trustee Program's site to find an approved course near you. After you've completed the course, the last step is to wait to hear from the bankruptcy court whether your debts have been discharged.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.

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