Chapter 7 Pre-Filing Requirements

Before Filing, You Must:

Stop using your credit cards and don't incur any additional
credit. Once you have decided to file for bankruptcy, you
should not use your credit cards nor incur any additional
credit from that point forward.  Any recent purchases or
recent cash advances can be held still due and owing after
you file for bankruptcy.  The rational is that you never
intended to pay those debts back and is therefore,
tantamount to fraud.  If you're seeking a fresh start, do
your best to insure that you will in fact receive that
fresh start. The credit card issuers are very aware of
attempts to run-up charges on credit cards.  This also
applies to cash advances.  If you take a cash advance too
close to filing bankruptcy, you are likely to see an
objection from the particular credit card issuer.  The
objection comes in the form of an adversarial complaint.
If the creditor is successful in their objection, the
amount of the recent advance(s) will be held due and owing
after your bankruptcy case.

Take the required credit counseling briefing

Before a Chapter 7 bankruptcy case can be filed, you must
take a credit counseling briefing from an approved credit
counseling agency.  This credit counseling briefing can be
done on the internet or on the telephone. The entire
briefing typically takes less than one hour and at the time
of this writing costs approximately $50.00.  The credit
counseling briefing requires that you provide information
as to your monthly income and expenses as well as a listing
of your creditors.  This briefing must be completed within
180 days prior to filing bankruptcy.

File your taxes

You must file your most recent year's taxes to qualify for
Chapter 7 bankruptcy relief.  Although this seems like a
simple requirement, you would be amazed at the number of
individuals who have not filed their most recent taxes.  A
copy of the return will be forwarded to your assigned
bankruptcy trustee after your case is filed.  You must also
provide your most recent tax return to any creditor who
requests it.

Provide your most recent pay advices

You must provide the most recent 60 days worth of paycheck
stubs at the time your case is filed.  These will be
forwarded to your assigned bankruptcy trustee or may be
filed with the Clerk of the U.S. Bankruptcy Court. This
measure is in place to make sure that the amount listed on
the petition for monthly income is in fact accurate.  If
you receive income from a source other than employment,
evidence of that income must be provided just as if is was
a paycheck stub. Once you are aware that you are likely
going to file bankruptcy, keep copies of all of your
paycheck stubs in an organized manner.


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David M. Siegel is the author of Chapter 7 Success: The
Complete Guide to Surviving Personal Bankruptcy. He is a
member of the American Bankruptcy Institute and currently
practices bankruptcy law in Chicago and its surrounding
suburbs. Additional information is available at
http://www.bankruptcy-lawyers-lasvegas.com .