Bankruptcy is stressful enough without having to wait to have your concerns or questions resolved - browse our list of frequently asked questions below and see if your issue is addressed.
Under the Federal Bankruptcy Reform Act of 2005 the bankruptcy laws were changed to add three (3) new requirements. The first is what is known as the "means test." This requires each person who intends to file a Chapter 7 case be pre-qualified by their attorney to determine if they are under the "means test" income figures before they can file a Chapter 7 case. If you earn more than the means tested amount, you may be required to file a Chapter 13 case.
The second requirement is that every filer must also complete and receive a certificate of consumer credit counseling from one of the providers approved by the office of the U.S. Trustee's office. This must be done within the 180 days prior to the filing and is generally completed online via the Internet or by telephone.
The third requirement is that every filer must complete and obtain a certificate of completion in a course in financial management. Again, this is usually completed online via the Internet or by a telephone interview, however it is done after you have filed your bankruptcy case. Our office will provide you with a list of the credit and financial management providers and answer any questions you may have regarding the new requirements.
You will need your last two years income tax returns and no less than 60 days of pay stubs. If married and filing a joint petition, you would need pay stubs for both spouses.
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They are based upon your household size and are adjusted periodically to account for inflation and various factors such as what part of the country you live in, costs of living, etc. These will be discussed and provided to you during your initial consultation.
Under a Chapter 13 bankruptcy you and your attorney will submit a repayment plan to the bankruptcy court. In CH 13, you pay some of your debts over a period of time, generally five years, and the remaining balance that is not paid at the conclusion of your repayment plan is discharged.