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Here's an overview of the steps involved in filing for Chapter 7 bankruptcy. Find an attorney. ... Attend credit counseling. ... Petition and prepare paperwork. ... A trustee is appointed to your case. ... Meet with your creditors. ... Complete debtor education course. ... Confirm your eligibility. ... Nonexempt property is liquidated.
While it may feel odd to pay fees to tell the courts you don't have enough money, you typically have to pay court fees to file for bankruptcy. The filing fee for a Chapter 7 bankruptcy is $338, while the filing fee for a Chapter 13 bankruptcy is $313.
That being said, here's what you're not allowed to do with a Chapter 7: Lie under oath about your financial or property assets. Keep property that must be used to discharge your debts. Miss payments to certain creditors in order to keep your home.
STEP ONE: THE PETITION IS FILED The moment a petition is filed, it creates what we call an automatic stay or a legal freeze on all pending collection activity. Shortly after the bankruptcy is filed, notices will go to all of your creditors and you'll receive a notice as well.
A Chapter 7 bankruptcy is also called a liquidation bankruptcy because you have to sell nonexempt possessions and use the proceeds to repay your creditors. You do get to keep exempt assets and possessions, up to a limit. Once the process is complete, the remainder of your included debts is discharged.