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Note: Filing an emergency bankruptcy can be very risky and you must follow certain rules. Before filing, learn more about emergency filing for bankruptcy.
You need to fill out the following documents to begin the process of filing for chapter 7 bankruptcy or an emergency:
- Voluntary Petition for Individuals Filing for Bankruptcy,
- A sheet of paper that includes the names and addresses of your creditors, and
- Letters proving you completed a credit counseling course. These documents include:
- A copy of your Certificate of Counseling, and
- A copy of the Payment Plan.
Note: If you haven't taken the credit counseling course, see a list of approved Credit Counseling Agencies here. You may be allowed to file without a Certificate of Counseling. It will depend on your emergency situation. If you file in an emergency situation, you must still complete credit counseling. You will need to obtain the certificate of credit counseling after filing. This is very risky, so you should Get Legal Help before you act, and if possible complete the credit counseling before you file.
There is a $338 bankruptcy filing fee.
If you do not have money to pay the court fees, you should also fill out one of the following applications:
- Application for Individuals to Pay the Filing Fee in Installments. This asks the court to let you pay the filing fee in installments instead of all at once.
- Application to Have the Chapter 7 Filing Fee Waived. This asks the court to waive the whole filing fee.
Filing these forms should be enough for the bankruptcy clerk to start your case and issue you a case number. This will start the automatic stay, which stops creditor harassment during your bankruptcy.
Read Step 6 of Starting a chapter 7 bankruptcy court case for more information. Follow the rest of the steps there.
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Worried about doing this on your own? You may be able to get free legal help.
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