How to File for Bankruptcy: Complete Guide to Chapter 7 & Chapter 13 Forms and Requirements"

Filing a bankruptcy pro-si is possible this blog will explain how to along with forms needed to file.

We highly recommend to consult and retain an attorney. If you can’t afford an attorney. You can call Long Island legal services and consult with one of their attorneys. If you qualify they will represent you free.

Filing for bankruptcy in New York involves several steps, whether you choose Chapter 7 or Chapter 13. Here's a general outline of the procedures for both types:

If you are low on funds you can file a poverty status bankruptcy

Chapter 7 Bankruptcy Procedure

1. Credit Counseling: Before filing, you must complete a credit counseling course from an approved agency.

• National Foundation for Credit Counseling (NFCC)

   Phone Number: 1-800-388-2227

   Website: nfcc.org

• Financial Counseling Association of America (FCAA)

   Phone Number: 1-800-450-1794

   Website: fcaa.org

• Consumer Credit Counseling Service (CCCS) of New York City

   Phone Number: 1-800-251-2227

   Website: cccsny.org

2. Means Test: Determine if you qualify for Chapter seven by passing the means test. This test compares your income to the median income for a household of your size in New York.

3. Gather Documentation: Collect financial documents, including income, expenses, debts, and assets. You'll need these for your bankruptcy forms.

4. File Bankruptcy Petition: Complete the required forms, including the bankruptcy petition, schedules, and statement of financial affairs. File these with the U.S. Bankruptcy Court in your district.

• Chapter 7 & 13 bankruptcy forms. Click here.

• Specific forms you need to fill out to file a chapter seven: click here

5. Automatic Stay: Once you file, an automatic stay goes into effect, halting most collection actions against you.

6. 341 Meeting of Creditors: Attend a meeting (usually about a month after filing) where creditors can ask you questions about your financial situation.

7. Financial Management Course: Complete a debtor education course after filing.

8. Discharge: If everything goes smoothly, you'll receive a discharge order, wiping out most of your unsecured debts. This usually happens about 3-6 months after filing.

Chapter 13 Bankruptcy Procedure

1. Credit Counseling: Similar to Chapter 7, you must complete a credit counseling course.

• National Foundation for Credit Counseling (NFCC)

Phone Number: 1-800-388-2227

Website: nfcc.org

• Financial Counseling Association of America (FCAA)

Phone Number: 1-800-450-1794

Website: fcaa.org

• Consumer Credit Counseling Service (CCCS) of New York City

Phone Number: 1-800-251-2227

Website: cccsny.org

2. Determine Eligibility: Ensure your debts fall within the limits set for Chapter 13 (unsecured debts must be less than $465,275, and secured debts must be less than $1,395,875 as of 2023).

3. Gather Documentation: Prepare similar financial documents as you would for Chapter 7.

4. File Bankruptcy Petition: Complete and file the bankruptcy forms, including a repayment plan proposal.

• Chapter 7 & 13 bankruptcy forms. Click here.

• Specific forms you need to fill out to file a chapter seven: click here

5. Automatic Stay: An automatic stay will also take effect upon filing.

6. 341 Meeting of Creditors: Attend a meeting where creditors can question your repayment plan.

7. Plan Confirmation Hearing: Attend a court hearing for the judge to approve your repayment plan.

8. Make Payments: Follow through with the repayment plan, typically lasting 3 to 5 years.

9. Discharge: Upon successful completion of the repayment plan, you will receive a discharge of remaining eligible debts.

Important Considerations

- Legal Advice: It's advisable to consult with a bankruptcy attorney to navigate the complexities of the process. If you can not afford a lawyer, and you still need to file bankruptcy. You can google seard lawyers on line, and get free chat consultations.