Overview of the Bankruptcy Process
- Debtor(s) must attend an approved credit counseling course within 180 days before filing the bankruptcy petition (unless a certification attesting to exigent circumstances is filed with the petition [see 11 U.S.C. §h(3)(A)].
- Debtor(s) must use the official forms, including the Means Test Calculation form (Form 22), complete them accurately and file them with the Court.
- A certificate of attendance from an approved credit counseling service must be filed with the official forms.
Debtor(s) must pay the filing fee in full or
- file an Application to Waive the Filing Fee, which must be approved by the Court
- file an Application to Pay the Filing Fee in Installments.
- Debtor(s) must send the trustee a copy of their prior year’s federal tax return at least 7 days before the scheduled meeting of creditors.
- If a creditor requests a copy of the tax return at least 15 days before the meeting of creditors, the debtor(s) must provide a copy to that creditor at least 7 days before the meeting.
- At the meeting, debtor(s) must provide two forms of identification, such as a driver’s license, a passport, a social security card or a credit card (at least one must be a picture ID).
- At the meeting, debtor(s) must provide the trustee with copies of pay stubs and other indications of all income received within the prior six months.
- Debtor(s) must attend the meeting of creditors and be examined under oath by the trustee. Creditors are invited to attend this meeting.
- Debtor(s) must cooperate with the trustee and respond to all reasonable requests for information and documents.
- Debtor(s) must complete a Financial Management course approved by the Office of the United States Trustee and file a certificate of completion with the Court. This must be done within 45 days after the meeting of creditors.