We will give you a questionnaire which you must complete and return to our office at or near the time the fees have been paid. You may want to order a copy of a free credit report but usually that is not necessary. We will need proof of your income for the last seven months, copies of last two months bank statements and last two years tax returns. Most of the questions in the questionnaire can simply be circled yes or no. Here you list your creditors and how much money is owed. We are always available to answer questions about completing the questionnaire. You can download the questionnaire and begin right now if you would like. You will also need to complete a debtor education class. We recommend Evergreen Financial Counseling. The cost is normally $39.99 paid by debit card or someone else's credit card. This is a new requirement under the bankruptcy code. The first class takes around twenty minutes. We recommend that you take the class by phone. If you prefer, you can do it over the Internet. They will fax or email our office the certificate of completion.
Listen to an audio message on how to complete the questionnaire.
Click on the play button below to hear a welcome message
Sometimes we advise people that they may wish to consider not filing bankruptcy for the moment. This can cause concern and distress. Reasons to wait and options to deal with the stress include:
Perhaps you are on social security or disability, receiving a pension or child support. In that event all your income is exempt. This means it cannot be garnished . Therefore you may not wish or be able to afford to file bankruptcy- at least now. (after all the creditors really cannot do anything except harass you). In that case we have a program titled Help Eliminate Legal Problems for Seniors and Disabled or "HELPS." This is designed to assist persons that are judgment proof receive legal assistance at a nominal cost to deal with what for some is the crushing burden of debt. For as little as $200 up front and a nominal monthly fee we will agree to be your attorney of record, send notices to creditors and represent you before your creditors.
Sometimes we advise client to wait to file for other reasons. This might include: waiting for a tax refund to be received and spent, a time period to run to resolve any one of several issues, or to qualify to file a certain bankruptcy. When we are retained (normally for as little as $50 you may refer creditors to our office. They are not allowed to contact you if you are represented by an attorney, however collection action, including legal action, may still be pursued until the bankruptcy is actually filed. If we are waiting to file it is not a good idea to advise your car lender. If they suspect a bankruptcy they may want to immediately reposes a vehicle rather then wait for a late payment. Usually the delay in filing the bankruptcy is relatively short one and we can advise you if a lawsuit is filed. We will normally not represent you in state court but counsel you about the timing of the bankruptcy. Sometimes we are able to delay a judgment in order to allow the bankruptcy to be filed.
Perhaps you do not need to file and just want to deal with the creditors yourself. You do not need to speak with the creditors. You have the option of voice mail, answering machine, changing your phone number to a non published number. You can advise your creditors that call you at work that you are not allowed to receive calls at work and these calls must stop. Creditors are bound by the unfair debt collection law and if that is violated you do have remedies. There are many options to discuss in this area- another reason to have an attorney with extensive experience on exactly what to do. Remember you can call us with your questions.
Sometimes a persons financial life can be compared to a series of hills and valleys. It is usually a better idea to file the bankruptcy when things are getting better. When you have that job and the worst is behind you and things are starting to look up. So it may not be a matter of if you are going to file bankruptcy but when. If you file too soon you may find that you might incur new debt after the bankruptcy and with the time restrictions on refiling you may have wished you waited to file. Remember if you are judgment proof there is really nothing the creditors can do. Sometimes however bankruptcy is just an important step that gives you what you need to get the fresh start in your financial life. Each person is different. Once again we are happy to consult with you on your options.
"We are a debt relief agency -- and have proudly been doing this now for over thirty years. We help people file for bankruptcy relief under the Bankruptcy Code."