Pre-filing Requirements
Aurora Illinois Bankruptcy Lawyers & Attorneys
David Siegel: There's a few requirements that one has to do. First of all, a credit counseling session has to be taken before a case can be filed, and that's a one hour session with a credit counselor where you basically tell that credit counselor about your income, your expenses, your assets and liabilities, and they run you through a few scenarios and give you a few options before you're eligible to file a bankruptcy. That's the first requirement.
Jesse Barrientes: So it's like my credit psychologist?
David Siegel: Basically, you're in therapy, yes. You get a certificate. It's the government again giving you a certificate that you're eligible to do something.
Jesse Barrientes: Fantastic, okay. I have to do that before my Chapter 7 bankruptcy attorney can file it?
David Siegel: You have to do that before you file.
Jesse Barrientes: If I file and I haven't done that, what's going to happen?
David Siegel: The case is going to be dismissed like it never even happened.
Jesse Barrientes: Even if I take the class after I file it?
David Siegel: Most judges will not allow that except for some exigent circumstances, but typically, if you don't have that credit counseling done, and you've filed your case, you've done so in error.
Jesse Barrientes: Okay. What is the other hoop?
David Siegel: The other big hoop is that you need to provide two months worth of pay advices, or paycheck stubs, or proof of your income so that the court and the trustee can look and see what you put on your schedules, under oath, really matches what you're making, to make sure you qualify. It's important.
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See Also:
Chapter 7
Misconceptions about Chapter 7
Life after Chapter 7 bankruptcy
Privacy is protected in bankruptcy
Household income qualifications
Converting Chapter 13 to Chapter 7
Converting Chapter 7 to Chapter 13
Chapter 13
Using Chapter 13 to save a home
Choosing Chapter 13 versus Chapter 7
Debt consolidation & late fees
Administrative fees & the bankruptcy trustee
Chapter 13 payment plan dismissal
